Research On The Crime Of Violating Commercial Secrets

Violating commercial secrets of China’s post-1997"Criminal Law" amendment to thenew charges, marking China’s criminal law to strengthen the protection of commercialsecrets prelude. It also implements the trade secrets from civil law to criminal law toprotect the development stage. In recent years, with the crime of violating commercialsecrets appear showing the number of multi-harm, a wide range of diverse methods andother new features. Further develop the Penal Code for criminal violations of the regulationof trade secrets with the production is extremely important and urgent. In practice, tradesecret infringement case primarily involved a zero-sum relationship between trade secretsidentified to protect the legitimate rights and interests of enterprises, the maintenanceworkers to maintain liquidity and competition in order, such as conflicts of interest, Thisarticle is based on the development of violating commercial secrets judicial status quo,based on the analysis of its origins, and the constituent elements of the concept, found thatinadequate protection of trade secrets and defects in the legislation and practice; and weshould learn from foreign advanced legislation and practical experience, to put forwardconcrete measures to improve the calculation method has practical significance. in settingcharges, expressed in behavior, subjective aspects and areas identified "significant loss".