A Study On The Crime Of Infringing On Commercial Secrets

In this article, a case of violating commercial secrets infringement customer listsof mine introduces the topic. It introduces the crime of violating customer lists case Ihave undertaken, I encountered a series of problems at the beginning of accepting thecase, such as the jurisdiction about the case, evidence collection abroad, chargesqualitative, the amount of crime identified, reverse engineering, employee trust, andso on. That is why I have chosen the topic of this article, and chosen the Violation ofthe Customer List from violating commercial secrets as the perspective of the study. Ithas practical significance.Firstly, I have studied the definition of commercial secrets, it summed up asthree characteristics that Valued, Secretly and Confidential. I found that the protectionof commercial secrets in European countries has long history. For the status quo ofChina’s judicial protection on commercial secrets, I collected and combed data bymaking the table, and found that rules were mainly scattered among various laws,from civil law to administrative law in the majority. So I highlighted the significanceof the criminal law to protect commercial secrets.Secondly, the article begins with the Four Elements of criminal law theoryanalysis and definition of commercial secret infringement and constitutes, and theacceptance standard of the crime of violating commercial secrets, and comparison ofseveral common methods to calculate the amount of crime. It devoted to studying thecrime of Violating Commercial Secrets by Infringing Customer Lists, combined withmy processed cases and cases related to domestic and international comparison,analysis the crime in five areas, such as the significance of customer lists in criminallaw, and the constitutive requirements of the crime, and the calculating the amount ofthe crime, and the special handling of the crime, and the reason of Difficulty of theCrime Conviction. Then I have given out four conclusions:1. The Customer Listsused as a commercial secret in the sense of criminal law, it must possess the threecharacteristics of a commercial secret, but the Customer Trust also must be excluded. 2. The loss of customer lists violations of violating commercial secrets calculationsshould be based on the direct economic loss.3. Whether the customer informationgotten Out of Business should be made subject to the criminal law protection?Leaving lawyers and other special circumstances should be taken to protection shouldbe distinguished by the situation.4. The reasons of difficulty in filing criminalbehavior of violation of customer lists are mainly due to that the uniqueness of thecustomer lists is difficult to determine, and that it’s difficult to proof the subjectivelymalicious, and that it’s hard to exclude the Customer Trust, and that the evidencescarcely to acquire in foreign-related cases.On the basis of these studies, I have given the justice recommendations onviolations of customer lists. It’s the proposal for the legislatures, the judiciary, as wellas for companies’ prevention of violations of commercial secrets. For I haveexperience in handling these cases, the summary of the process has innovative andoperability, such as the introduction of industry expert witness hierarchicalmanagement system and corporate commercial secrets system and so on.Finally, violating commercial secrets, for its complexity and novelty, leads to theright relief difficulties, and improving the legal and judicial system is very important,but it must balance the interests of all parts. The ultimate goal of the criminal law tocombat crime is to maintain the normal order of competition in the market economy,so the market and social benefits should also be taken into account.