Research On Criminal Law Protection Of Trade Secret In China

Trade secret is the exclusive civil right and intangible proprietary which islegally entitled to those specific right owners. However, China’s market economy andtrade secret protection mechanism are developing unevenly. Furthermore, tradesecret’s invisibility and well-concealed infringement actions are increasing thedifficulties to identify delicts and adduce evidences. Therefore, it makes trade secretviolations happen more frequently. It will bring huge losses to those right owners anddisrupt the normal order of market economy as well as principle of honesty andcredibility. How to build and perfect our criminal law about trade secret protectionbecomes our urgent problem.To improve protections of criminal law is just the research objective in my paper.It is based on the conservation status of national criminal law of trade secrets.Additionally, it combines with the reflected problems that what I have encounteredfrom my practical experiences at work. My paper would give certain advices after byconcentrating on study the existing criminal law’s identified standard against tradesecrets, crime amount calculation’s standard and etc. If national criminal law, playingthe role as the "backing" and "last line of defenses" of law, could gain moreprotections to trade secrets, it would provide a more secure and reliable soil for tradesecret’s heritage and development in China.During this research, I compare the definitions for trade secrets in the domesticand international criminal law, I discover that we have improvement space for thesefields. Furthermore, it expects that we could learn the excellent practical experiencesfrom abroad and apply them as references to enhance the protection strength ofnational criminal law for trade secrets.