On The Criminal Protection Of Trade Secrets

In the process of world economic integration, the criminal protection of trade secret is paid more and more attention to in all over the world. The legislative purpose of trade secret in our country is to protect the secret the legitimate rights and interests of the commercial right holders, to promote scientific and technological development and social progress, and to safeguard the fairness of the market economic order. This paper discusses the theoretical basis of the criminal protection of trade secret firstly, analyzes various aspects of crime of trade secret infringement through comparative law perspective, and discusses the judicial practice of criminal protection of trade secret, and analyzes the focus of controversy in the case of infringement of trade secret to seek the better way of the criminal protection of trade secrets.First chapter aims to discuss the theory based on the criminal protection of trade secrets, analysis of the concept of trade secrets and the constituent elements, causes and forms of infringement of trade secrets crime, then finds the reference for our legislative through the field of view of the comparative law.The second chapter focuses on the analysis from the point of view of the judicial practice of trade secrets protection in the form of specific circumstances, which is divided in three stages such as the investigation stage of the public security organs, public prosecution stage of the procuratorial organ and the trial stage in People’s court. The paper exposes a crime investigation procedures of crime of trade secret infringement, which specifically describes the investigation practice situation in Shanghai, and describes other typical methods of investigation. Subsequently it describes public prosecution stage of the procuratorial organ, includes the distinction between the public prosecution and private prosecution of violations of trade secrets case, and the difficult problems encountered by indictable stage. Then it researches the trial procedures of trade secrets case, specifically researches the important issues, including the problem of identification of violations of trade secrets, the allocation of the burden of proof, starting the identification program and adoption of expert advice, the quantum of damages computational problems, the design of the confidentiality procedures, analysis the design of intellectual property issues of " the system of three trial together as one". The third chapter focuses on discourse controversial focus of trade secrets in criminal cases, including the criminal starting point of the trade secrets in criminal cases, legal difinition of "significant loss", identified criteria for the classification of tort and crime, criminal conviction and sentencing recommendations, and "fault" mentality and a third person into criminal violation of trade secrets. Section Ⅱ discusses the problem of violating commercial secrets criminal penalties and the conviction and sentencing through the point of view of the Restraining Criminal Law, balanced and coordinated the angle of the angle line with the nationalization of the development of criminal legislation, as well as our legislative mode. Section Ⅲ provides an analysis of how to strengthen cooperation and the use of multi-legal at home and abroad, multi-sectoral joint to improve the criminal protection of trade secrets. Section IV Put forward the innovation suggestions for the protection of our trade secret.The innovation point of the article is to analyze a series of new problems and new methods in three stages such as the investigation stage of the public security organs, public prosecution stage of the procuratorial organ and the trial stage in People’s court, and to study the problems and solutions of the violation of trade secrets in criminal cases in China the focus of controversy from a comparative law perspective. The paper focuses to contribute to give advice and suggestions to the criminal protection of our trade secrets.