Discussion On Several Problems Of The Crime Of Infringing Trade Secret

With the development of our socialist market economy, the increasingly fiercemarket competition, trade secrets has become an important means to win thecompetition, it is in the promotion of scientific and technological progress, change themode of economic growth and ensure that highlight the economic sustainabledevelopment status. Because the business is becoming more and more important sosecret, the commercial secrets of the technical trade between countries are increasing.At the same time, the phenomenon of infringement of business secret is more andmore numerous and serious, governments and enterprises to protect commercial secretmission is also more and more heavy.Due to the long-term planned economy, advanced technology unit with orincorporated in a state secret category, or simply to reveal to the public, resulting inthe people awareness of protecting commercial secrets of the weak. In addition,because of China on the protection of trade secret law to the western developedcountries started late, although has introduced a number of civil, administrative lawsand regulations, but still not enough to curb the momentum of the development ofincreasingly fierce commercial secret infringement. In order to standardize thecompetition intense market and strengthen efforts to crack down on crime ofInfringing Commercial Secrets Act,1997"criminal law" stipulates the "crime ofinfringing on business secrets", according to criminal law to punish related criminalbehavior mode. However, in judicial practice, there is a huge gap between China’slegislation status compared to infringement of business secret crime situation, thereare shortcomings and obvious. The situation and strengthen the legal protection of theintellectual achievements of mankind and promote the development of science andtechnology in social trends do not coincide, but also to a certain extent, affect China’seconomic security and hinder the healthy and orderly development of the marketeconomy.Therefore, it is necessary for us to the crime of infringing trade secret law iscontroversial and difficult issues to do further study, in order to make qualitative andsentencing accurate on the behavior of infringing business secret, so as to ensure the judicial justice and efficiency. This paper is divided into four parts. The first part,the definition of business secret. Through the National Review on business secretlegislation mode, combined with the China’s legislation status, analysis ofcharacteristics of China’s commercial secrets, and China’s state secrets andcommercial secrets of the difference and make the necessary analysis, in order tofacilitate the understanding of our more accurate concept of business secret; thesecond part, the main violations on controversial issues commercial secret crimebehavior analysis, the main analysis of the crime of theft and bribery behavior, andmake the necessary discussion on controversial issues which, in order to facilitate thejudicial determination and conviction; the third part, expounds the understanding andcalculation of significant loss of this crime, and great loss in this crime elements ofthe status of dispute are discussed; the fourth part, so whether this crime fromsubjective fault form and whether to include indirect intentional two aspects oftheories and views, subjective questions in this part of the article on the two questionsrespectively to analyze the crime.