A Comparative Study Of Criminal Law Regulation Between China And America On The Infringement Of Commercial Secrets

Commercial secret is the product of the industrial revolution and the rapid development of the market economy. In the contemporary market economy, it draws lots attention on the ground that it is a kind of intangible property which can bring economic benefits. The world trade organization (WTO) has acknowledged the business secrets as one of the intellectual property rights.According to the article 39 of Trade-related Intellectual Property Rights agreement(TRIPS), any country or region joining the world trade organization (WTO), must comply with it,and this making business secret protection becomes an international task.Moreover, business secret protection becomes a part of international economic law.But article 39 of the TRIPS has not unified protection standards conditions and measures of business secret,this makes different countries have different practice in the protection of commercial secrets.Not only the developed countries attach great importance to strengthening the enforcement of the laws and regulations in respect of the protection of commercial secrets,so as to consolidate their economic advantages,but also the developing countries are supposed to give priority to the protection of their own commercial secrets.The United States and China, as the respectively representative of the developed countries and developing countries, are two samples worthy comparative study. The protection of commercial secrets in the United States is not only started early, but also rich in practical experience. Comparison and reference to the business secret law system of the United States,which represented the most advanced level,have profound practical significance in Chinese legislative protection of commercial secrets,as a result,China can keep up with the pace of the high level all over the world.At present, Chinese enterprises have become the focus of the U.S. business secret lawsuits charged object. To track and study the legislation and judicial practice of the business secret in the United States.It is benefit for the Chinese enterprises and governmental administrative department to master the international rules,and coping with legal disputes as well as taking preventive measures under these rules.Although we have Anti-unfair competition law of the People’s Republic of China and The criminal law of the People’s Republic of China and other laws ruling for the protection of business secrets.Cases about business secrets have higher withdrawal rate and lower win rate than the general case,because the parties don’t have enough prior secrecy consciousness,lack of the understanding of relevant laws and regulations and the insufficient of collective evidence.According to a survey made by the Beijing second intermediate people’s court,The win proportion of Commercial secrets infringement cases ended with verdicts is less than 50%.Therefore,analyzing the comparison of the two relevant countries’laws and regulations on the crime of infringing commercial secrets,this paper absorb the essence of the relevant legal system in the United States,and put forward a criminal law system,which can better protect the business secrets,safeguard the interests of our country and enterprises.Part One:The introduction mainly introduces the necessity and importance of the protection of business secrets by criminal law,as well as the current situation.Part Two:Firstly,Presen to protect business secret legislation system in China and the United States.Present the historical evolution of the criminal law regulating business secrets.From the ancient Chinese commercial secrets to modern business secret protection legislation, from the business secret protection test period to statute law making a comparative study.Part Three:Referring to the famous’Rio tinto case’,this part will present the comparison of the charges of stealing business secrets of the two countries.Part Four:This is the essential part of the paper,by presenting the specific standard of the charges of stealing business secrets,it will draw Respectively from two aspects:the crime constitution important document;the difference of attempted and accomplished state especially the standard of ’huge loss’.Part Five:After the four part ahead,this part give a suggestion of the ideal standard of the charges of stealing business secrets.What’s more,because of the principle of inhibitory which is the unique characteristic of criminal law,the charges of stealing business secrets must give priority to the procedural rules and the efforts of the enterprises.