Onthe Criminal Law Protectionof Trade Secret

At present, criminal cases of infringement of commercial secrets is increasing. The cognizance of these facts of the case is an area of highly specialized, the criminal and civil legal relation intertwined, action is difficult and high-cost, criminal legislation of commercial secret is too simple and vague in our country, for all of these reasons, the interests of the parties is difficult to get the criminal protection effectively. This paper analyzes the focus of controversy and problems to be solved in this case, and interprets the current situation of criminal law protection of trade secrets, the shortcomings of the criminal protection of trade secret in our country, and gives suggestions for improvement through the analysis of the theory and the extraterritorial criminal law.Chapter one: the case of Pei Guoliang infringing on trade secret. This part is to introduce the basic facts of the case and the court decision reason, and pointed out that the focus of controversy in this case and the divergence of opinion: whether the determination criteria of great loss in the crime of infringing on the trade secrets is reasonable, Whether the third party, CCTEC, constitutes the crime of infringement of trade secret, whether criminal penalties for Pei Guoliang are reasonable, whether this case can be filed a criminal incidental civil action. This part also makes a brief analysis of the case according to the current law and provides topics and research background for the paper.The second chapter: present situation of criminal protection of trade secrets in China. This part introduces the development course of criminal protection of trade secret in our country and the current legislative situation. Through the analysis of China’s current situation of the criminal protection of trade secrets by a set of data, the article draws a conclusion that the current crime of infringing trade secrets is becoming more and more serious caused by legislative and judicial defects. It plays a connecting role in the paper.The third chapter: theoretical study about this case. This part is also the focus of this study. T his chapter abstracts four aspects of the theoretical problems as viewed from the focus of controve rsy and problems to be solved in this case: problems of the serious loss in the crime of infringeme nt of trade secret, subjective responsibility of third party in the crime of infringing on the tradesecrets, problems of penalty configuration, interlocked penal and civil cases about the crime of infringing on the trade secrets. There are different opinions in theory and judicial practice of these four aspects. The article analyzed the foreign criminal law, and studied the theoretical controversy and the judicial tendency on issues in our country. This part also puts forward the existing problems of China’s current criminal law and makes suggestions on how to improve these problems.The fourth chapter: the case’s enlightenment to improve the criminal protection of trade secret in China. Based on the previous discussion, this part puts forward suggestions on how to improve our criminal legislation to protect the trade secret.