Research Of The Behavior Pattern Of The Crime Of Infringement Of Commercial Secret

The reason why some flaw exists in the legislation of the behavior of the crime of infringing commercial secret is that the theoretical research on the behavior is Insufficient. Different opinions on the classification of behavior of the crime of infringing commercial secret exist in academic circles. It is more appropriate to divide it into three category, that is, obtaining commercial secrets by improper means, disclosing commercial secrets illegally, using commercial secrets illegally. The first one means that people obtain obligee’s commercial secrets by theft, bribery, coercion or other improper means. The second one means the action of disclosing obligee’s commercial secrets to others. The third one includes the action of using commercial secret illegally, and action of allowing others to use it. The two actions regulated in the article219th of the criminal law. The action of disclosing, using, or allowing others to use commercial secrets is not the action of breach of contract, but the action of infringing right. It can be used in criminal law. However, the action of disclosing and using commercial secrets in good faith cannot be convicted and punished. The third people must stop its disclosure or use. The action of breach of statutory duty to keep commercial secrets should be in the criminal law’s range. Clear understanding of different degree of various modes of conduct can helps us in the conviction and sentencing of the crime. In legislation, the action of gaining commercial secrets illegally should be regulated as mode of behavior’s crime. And the expression of second and third act in the article219th of the criminal law should also be perfected.