Infringement Of Commercial Secrets

On the importance of commercial secrets, it is necessary to protectcommercial secrets by Criminal Law. China's 1997 Criminal Law haveestablished the Crime of Violating Commercial Secrets, but there are someissues about the content of Commercial Secrets and different opinions about theconstitute of the Crime of Viotating of Commercial Secrets. This papers on issuesrelated to the Crime of Viotating Commercial Secrets are discussed.This paper is divided into four sections:Section 1: The Legislative summary about the Crime of ViotatingCommercial Secrets. This section mainly explains the legislative value and theLegislative Survey about the Crime of Viotating of Commercial Secrets at homeand abroad, then give the domestic and foreign legislation for a comparativeanalysis.Section 2: The definition of the Commercial Secrets. This section mainlyexplains the ways of foreign definition of Commercial Secrets and illustrates thefeatures that the Commercial Secrets must have. By comparing the ways of thedefinition of the Commercial Secret, the author Proposals that China'sCriminal Law should define the Intrinsic and extrinsic of the CommercialSecret by summarizing and citing ways. By analyzing the legal features of thecommercial secrets, it must be secret, Value and management meanwhile, specialthe content of secret and management is a Focus on the analysis and discussion.Section 3: The constitutes of the Viotating Commercial Secrets. Thiscomponent is the focus of this papers, and it analyzes and verifies the subject,thesubjective,the object and the objective of the Viotating Commercial Secretsespecially. About the subject, it could be common subjects or special subjects.And on how to identify the indirect subject (the third people)of Crime ofViotating Commercial Secrets, the papers suggest that we should accord to thefeatures of Commercial Secrets, and adhere to the principle of balancingcommunity interests and individual interests, restrict the scope of a third personappropriately; About the subjective, through a combination of three types actsof this crime of "criminal", it illustrates that some of the second person'ssubjective could be intentional or fault, and the third person who is fault should be excluded as a criminal. About the object, the Crime of Viotating CommercialSecrets involve violations of property rights, it also involves the management ofthe market economy. About the objective, it analyzes that whether some actsviolating especial Commercial Secrets should be committed acts is discussed.Section 4: Improving legislation about the Crime of the ViotatingCommercial Secrets. This section summarizes the Article 219 of China'sCriminal Legislation, and makes a corresponding improvement proposals, Suchas the improvement of the content of Commercial Secrets, subject,subjectiveand objective.