On The Infringement Of Commercial Secrets

With the deve lopment of the Social economic market.the trade secret is marked great business value,while the trade secret iS always infringed by competitive parts or others,because of the special nature of the trade secret,the damage iS undoubtedlY huge.To protect the trade secret,the detectiYeS face the problems in collecting the evidence.ThiS thesiS focuses on the follOWing parts:the definition of the trade secret,the history of the legiSlation of the infringing on the trade secret,the consti rution of the crime of trade secret infringement,the practical problems of the crime,the parts needed to be improved on the legislation of the crime.The thesiS illustrates the definitions of trade secret in foreign countries and TRIPS are relatively the same,the author emphases on the unknown to the public,adopting the measures to keep trade secret,the practical use of the trade secret.In the Part Two,the thesi S reviews the history of legislation on the crime on infringing to the trade secret,at the same time explai ns the legal bases on protecting the trade secret,which not only iS the total understanding of the trade secret on the historical and legal bases,not also reflects that the development of the law is based on the changes of the productivity.The thesiS expounds the constitution of the crime on the infringing on the trade secret,though the ways of comparison,exemplification and explaining.The thesiS emphasizes on the unit crime,fully carilies the ways of infringing the trade secret,and upholds the viewpoint that we should distinguish the illegitimate means and the legitimate means,the mal icious third one and the innocent third one,the aspects affecting the huge damage,proves that the crime includes direct intention and indirect intention . The thesiS presents that the Criminal attempt exists in direct i ntentional crime and indi Feet intentional crime;suggests the ways of dealing with mutual crime;explains the character of misappropriating and transferring the trade secret.The thesiS fjnally points out the lacks in the current provi sion and the suggestions to improve.It needs clear standards of appraising the trade secret,the puni shment,the huge damage and the subjective aspects: and proposes that the oligee has the right to file an incidental Civil action,and the cases on the infringing the trade secret should not been heard in publiC and the criminal suspect should provide the evidences by himsel funder some circumstance.