Analysis Of Infringement Of Commercial Secrets

In order to regulate the economic orders of fair competition in socialist market system more effectively, punish the act of infringement of trade secrets, and protect obligee's rights of trade secrets, in 1997, "Criminal Law" specifically created the crime of violation of trade secrets. But in the application of the crime many problems appears which aroused a lot of disputes and the extensive attention from the theoretical and practical realm. This article discusses some general problems on the crime of violation of trade secrets through comparing the legal rules and practice between the criminal law of China and foreign countries. This article approximately has 3000 words; besides the introduction and the conclusion, it is composed of three parts:Part I:Introduction to the crime of infringement of business secret. This part summarizes the characteristics of the foreign criminal laws on the focus of the infringement of business secret. Then the author analyzes the insufficiency of the protection of criminal secret in Chinese criminal law based on those characteristics.Part II:The Constitution of the crime of infringement of business secret and certain puzzling problems in judicature. This part discusses deeply on the object of crime and objective aspects, especially the crime object which are relatively controversial about the crime of infringement of business secret. The author also describes the crime object of the right of business secret in details on the basis of the comparison between Chinese and foreign viewpoints on the crime object of this crime. The author also explains at great length the crime object, especially its constitutive requirements and connotation related to foreign relative rules and the regulations in TRIPS on the basis of law. Moreover, the author elaborates respectively several problems puzzling the criminal trial process about the crime of infringement of business secret out of judicial practice.Part III:Exploration and analysis of the criminal pattern of the crime of infringement of business secret. The author expounds whether this crime is consequential offence and its pattern of discontinuation from the different definitions of consequential offence.