Configure The Punishment Of The Crime Of Commercial Espionage In China

In order to meet the demand of protecting domestic business secret and connecting with international protection, Chinese Criminal Code promulgated in 1997 criminalized the behavior of violating business secret, establishing the protection system in terms of business secret in the Criminal Code formally for the first time. In China, however, the current sentencing policy in terms of violating business secret is severe but not strict, contradicting the international trend, namely, strict but not severe. In this dissertation, the author has a detail discussion concerning both several issues relating to the crime circle and penalties structure in terms of the behavior of violating business secret, and brings forward several pieces of suggestion to prefect the relative legislation on the basis of examining the successful experience of other countries and the requirements of TRIPS.This dissertation has four parts, including about thirty thousand words. In the first part, the author introduces briefly the necessity of protecting business secret and the category of legal protection, reviews the historic development of criminal protection concerning business secret in different countries, and points out the development direction of sentencing policy concerning violating business secret in China, namely, strict but not severe. The second part, the enlargement of crime circle relating to violating business secret, focuses on analyzing the influence which is exerted to the crime circle by protection scope of business secret and crime elements of violating business secret, indicating how the current definition of business secret and the crime elements of violating business secret limit the crime circle of violating business secret, and further suggests enlarging the crime circle of violating business secret through modulating the definition of business secret and the crime elements of violating business secret. In the third part, the mildness trend of sentencing policy concerning violating business secret, the author analyzes the mildness trend of sentencing policy concerning violating business secret, and then points out the problems in the current penalty structure in China. Finally, the author makes suggestions on perfecting the penalty structure in China from the setup of categories of penalty, the application of fine, and so on.