Study On The Constitution Of The Crime Of Infringement Of Commercial Secrets

This article discusses the crime of violation of trade secrets in four parts:the main of infringement of commercial secrets, subjective aspects, object, objective aspect, which based on article219of the penal code the provisions of the infringement of commercial secrets and theoretical circles of infringement of commercial secrets of the dispute.The first part:There are two major categories which were simply and complex about the object of this crime in theoretical circles. I agree with simple doctrine and think that the object of this crime is a trade secret rights of trade secrets rights holders by comparing the two doctrines. At the same time, this section make a simple description of the trade secret rights.The second part:There are three behaviors of this crime, which are theft, inducement, coercion or other improper means to obtain; unlawful disclosure, use or permit others to use; Infringing on business theory. The harm caused "significant loss" or "especially serious consequences" to the right people reach the results of the requirements of this crime. Measure the losses caused to the right holder should take into account various factors.The third part:There are three doctrines in academia:special subject, general subjects and mixed subjects. Above the three doctrines I agree with the general subject and think that the main infringement of commercial secrets is general subject.The fourth part:This section discusses the subjective aspect of the infringement of commercial secrets. Subjective aspects of this crime contain only deliberately and contains fault in theoretical circles. I agree with only deliberately say by comparing the two doctrines.