The Research On The Criminal Protection For Trade Secrets

Since China joined WTO, the demand of introducing the foreign technique and constructing a fair competition market has made the protection for trade secrets by law more and more important. Offenses against trade secrets was for the first time included in 1997 China Panel Code as a crime and comparatively severe penalty was imposed thereon, therefore, the protection of the criminal law becomes an important way to carry on the legal protection for trade secret. The criminal legal interpretation of intelligent property right which has implemented on December 22 in 2004 clarified the quantity standard of the crime of infringing trade secrets and strengthened maneuverability in the judicatory practices. But in the judicatory practices of our country, the amount of who are pursued a pertaining to crime responsibility because of infringe upon trade secrets is opposite very small. The efficiency of criminal action is not so high. The Criminal Protection for trade secret in our country is still not so perfect, both substantial and procedural perspectives, and can't give an actually valid protection for trade secrets. This article discusses the criminal protection for trade secrets, base on the study of the constitutive elements of the crime of infringing trade secrets and the judicatory practices of our country. On the basis, this article does an evaluation to the criminal protection system for trade secrets of our country, furthermore, gives comprehensive legislative suggestions on the crime of infringing trade secrets.