The Criminal Law Protection Of Commercial Secrets

Commercial secrets, as a new type of the object of intellectual property on theapplication of criminal law to protect increasingly important and popular. Although theconcept of the business secret has a long history, but so far to the countries of the conceptof commercial secrets are not uniform expression. According to our country" opposeunfair competition law" in the regulations, business secret refers to the widely known,can give the rights of people to bring material benefit, practical and rights of the peopletaken measures to keep secret information. Has the value, secrecy and management three.On the criminal protection of the trade secret is not as commercial secret produce,worldwide use of criminal law to protect commercial secret history has gone through ascratch, expanding the scope of protection, from rely heavily on the liability for breach ofcontract and tort to the criminal responsibility, protect the strength is increasedceaselessly, progressively trend internationalization process. Foreign criminal law toprotect trade secrets, experienced three climaxes. In the feudal society, China has nocommercial secret protection law system, the minority handicraft production"know-how" and" secret" is by all conservative secret leakage mode protection. Themodern meaning of criminal protection for commercial secrets in China has experiencedthree stages.Infringing business secret crime in our criminal law has clear provisions. This paperargues that the crime of infringement of commercial secrets is a complex object of theobject, a main object and the secondary object. Objective performance without the rightof the people agree, violation of rights of trade secrets and causes great economic lossbehavior. Subject to general subject. The subjective aspect in general is intentionallythere may be a fault. Our country criminal law protection of business secret in commercial secrets thatdifficult and consequences of loss is difficult to determine these two problems. If youwant to better improve our criminal law protection of business secret system, to perfectthe legislation pattern, reconstruction of commercial secret infringement crime, perfectevidence and testimony system, further strengthen the relevant procedural informationmanagement.