Research On The Crime Of Infringing Trade Secret

The crime of infringing trade secret is in China in the last century97years promulgated a newcharge " criminal law " to increase obviously increased, the criminal law the crime ofinfringement of business secret, one is to increase efforts to crack down on infringement ofbusiness secret, the two is for the legitimate rights and interests effectively safeguard thepeople’s rights, but the practice shows that the crime both in legislation or in application, thereare a lot of controversy and deficiencies, one of the research hotspots in the crime is the ourcountry criminal law educational world has been studied, although many did not reachunanimous opinion, surrounding the crime problems and disputes still exist, especially how todetermine the significant loss of infringing trade secret the objective aspects of the crime ofinfringement of business secret, and the behavior of the identification problem. In this paper,by means of a typical case, through the case analysis to is a commercial secret about what,what behavior is infringement of business secret, studies some main problems subject toinfringement of business secret, the types of the crime of infringement of commercial secretsand punishment of violating commercial secret crime, and how to perfect the crime ofinfringement of business secret legislation to better apply to put forward some ideas on thejudicial practice, the hope of China’s commercial secret protection plays a positive role inpromoting, and the legislation perfection can contribute.This paper is divided into six parts, about18500words.The first part is introduction of the article mainly introduces the significance and value ofresearch, research and research methods and innovations.The second part is the cause of Yu Zhi’s case.The third part is the case introduction, describes in detail the process of Yu Zhi, Luo Shi,Li Ying, Xiao Juan, ZWD company, JYP company of the crime of infringing trade secret.The fourth part is the focus, controversy and differences of opinion of the case. Mainlyrelated to four aspects:1. Involved in the present case, whether the customer information andpricing information are the criminal law of trade secrets?2. In the case, Does the perpetrator’sbehavior is a violation of trade secrets behavior?3. Whether the behavior of the perpetrator tothe right holder resulting in a "significant loss", and how to calculate?4. How to identify thescope of the subject of crime? The fifth part is to study and analyze the legal issues involved in the case, it is dividedinto four sections, the first section of the content is based on the research of the problem thatcommercial secret in this case, to make clear the concept and legal characteristics ofcommercial secrets, in judicial practice of trade secret accurate identification. The secondsection analyzes the types that the act of infringing upon commercial secrets and businesssecret infringement, introduces four types, through the discussion of this section to definewhat behavior can constitute the crime of infringement of business secret. The third plate inthe judicial practice of this crime is difficult to identify "significant loss " problems from thetest and calculation method of the two aspects of the detailed analysis of the law, try to solveit in judicial practice is considered to be the most difficult problem for the determination ofthe crime of infringing trade secret. The fourth plate is discussed for the case of the subject.The sixth part is the case studies of focus, the conclusions of this study. Based on theanalysis of the case dispute law, points out some shortcomings in the legislation of ourcountry and puts forward some improvement of the crime of infringement of business secretlegislation in the setting of the accusation and penalty configuration of new ideas, hope forpreventing and reducing infringement of business secret behavior can play a positive role well,so as to better protect the legitimate rights of trade secret rights, so as to promote China’ssocialist market economy healthy and orderly development.