A Study Of A Few Questions On The Infringement Of Trade Secret

Based on the existing Criminal Law the 219 th and with the application of the Criminal Law, this paper discusses four problems of infringement of trade secret in china by means of combining Criminal Law and Civil Law. Centering around the construction of the infringement of trade secret, this paper covers the following three parts:trade secret, construction of the infringement of trade secret, recognition of the infringement of trade secret.Chapter one deals with the nature and legal features of object of the crime of the infringement of trade secret. Trade secret refers to the technical and administrative information, used and kept secretly from public by the obligee, brings financial profit to the obligee of trade secret. It bares the features of secret, value, practicability and privacy.Chapter two mainly discusses the construction of the infringement of trade secret. As for the controversy of object of the infringement, this paper holds that through comparison the object should be simple object----business privacy of the obligee. The infringement of trade secret includes theft, seduction, coerce or other unjust means, illegal revelations, using or admission to use, "to infringe trade secret". The crime will result in direct and indirect financial loss instead of other outcome; the subject of the infringement is a common one, rather than special ones. the subject who infringes on the trade secret can only be intentional rather than negligent so that negligence is not a cause of the crime.Chapter three explores the legal recognition of the infringement of trade secret. From the perspective of general theory on specific mode of crime and crime stop defined in Criminal Law, the paper discusses the existence of criminal attempt in guilty object of the crime and the punishability of criminal attempt. Furthermore, the relationship between infringement of trade secret and national secret is differentiated in this part. These two infringement are interrelated and should be severely punished.