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The Criminal Law Analysis Of The Case With Ji And Hu Infringeing Upon The Trade Secret

Posted on:2017-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:H S ShiFull Text:PDF
GTID:2336330503480889Subject:Law
Abstract/Summary:PDF Full Text Request
Today, while economy's transformation was rapid, the age of the knowledge economy is coming. Due to the business secret has specificity and valude,having it in the path of the development of enterprises became the indispensable important power.Altough legislated law to protect the infringement of the business secret, Legislation and Judicial did not reach the degree of effortlessness in practice, especially fall in how to affirm infringing business secret. Through analyze of a typical commercial secret infringement case, author hope to find a new method to recsearch with how to affirm commercial secret, how to affirm the act of infringing commercial secret,significant loss and constitution of infringing business secre crime. To promote the commercial secret protection in our country and maintain the smooth development of the economy of our country is the purpose of the author who put forward some simple thoughts.In this part, author introduce the typical commercial secret infringement case sinplely. Also in this part author reveal the basic criminal process and analyse the case dispute focal point. Through the analysis of the basic situation of the case, author sums up out of the case involved in four aspects of the controversy, including if client list belong to commercial secrets, if perform behaviors of infringing business secret,if obligee has significant loss and if the case constitutes a crime. Basic on this part,author wants to summarize the four typical problems in order to have some conclueded.With surveying of the above four dispute focal point question in this part,author emphatically analyzed the elements of affirming commercial secret. Also author consider the act of infringing commercial secret having two types: acquire behavior and disposal behavior. Author illustrates how to affirm the act of infringing commercial secret and how to calculate the lost in this part. In the end, author Believe the behavior has constituted infringement of trade secret crimes while illustrates constitution of infringing business secre crime.Through the typical case, the author puts forward some preventive measures where the enterprise has vulnerable industrial chain.In order to offer proposals to guard against the risk for enterprises, author illustrates how to reduce the probability of business secret type crime.
Keywords/Search Tags:The commercial secret, The act of infringing commercial secret, Significant loss, Infringement of commercial secrets crime
PDF Full Text Request
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