On The Issue Of Criminal Law Protection Of Business Secret In China

With China joined WTO, the demand of introducing the foreign technique and constructing a fair competition market as well as trade secret infringement or criminal activity brings extensive damage to the trade secret possessors has made the protection for trade secrets by criminal law more and more important. However,China does not have the special trade secret protection law and there are only a few articles in some department laws. The Criminal Protection for trade secret is still not so perfect in our country, both substantial and procedural perspectives, and can't give an actually valid protection for trade secrets. If we want to improve the criminal protection, we must make clear the trade secret's definition.The paper starts from the definition of trade secrets, This thesis talks about the criminal protection for trade secrets, makes available legislative suggestions on the crime of infringing trade secrets, both substantial and procedural perspectives.The full thesis amounts to seven parts,formed by introduction,five chapter subject contents and conclusions.The part of the introduction is start with explaining the meaning of protect the trade secrets, then point out the meaning of this thesis and the main content.The second part is a general introduction of the trade secrets. The third part analyses some of the law basis, point out that the importance of trade secret decides the importance of criminal protection of trade secret. the forth part introduces lots of main theories of other countries all over the world, in the sane time, analyses the differences between them. In the fifth part. the writer talks about the situation and defects of the criminal protection to trade secrets in our country. In the last part, base on the study of the crime of infringing trade secrets of our country, the author makes some comprehensive suggestions on how to improve it. for instance, we must improve the definition of trade secret, standardize detailed rules about undisclosed system, carry out available way for major loss, enhance the criminal penalties configuration(enlarged the extent of legal punishment, exerted fine punishment and regarded seriously, and set up qualification punishment), standardize the regulations about verification system..The part of the conclusion points out the importance of criminal protection of trade secret and explain the meaning of research the crime of trade secrets infringement briefly.