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The Research On Several Problems Of The Crime Of Infringement Of Commercial Secrets

Posted on:2016-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:J TangFull Text:PDF
GTID:2336330503494835Subject:Law
Abstract/Summary:PDF Full Text Request
With the further globalization of world economy, commercial secret has become an important bargaining chip of enterprise competition, from all walks of life have started to pay attention to the commercial secret protection, the protection of business secret started relatively late in our country, the criminal law protection as the last barrier of legal protection, use the method of criminal law to strengthen the protection of business secrets has become a consensus, developed countries have trade secrets included in the scope of the criminal protection and our country until 1997 according to the requirement of the TRIPS agreement on business secret criminal sanctions to include infringement of trade secret in the category of public power to protect, after recent years of judicial practice and theoretical research, many scholars have put forward some legislation Suggestions, in this paper, by means of empirical analysis and comparative analysis, from the concept of business secrets and the protection system of all countries, analysis of the necessity of criminal means to adjust the infringement of trade secret and stealing commercial secrets of the constitutive requirements, in this paper, the theory of business secret investigation, encounter the difficulty in the trial, the judicial cognizance and legislative issues put forward some personal opinions and some supplements.This paper is divided into four parts:The first part introduce the domestic and foreign definitions of business secret, business secret, value, security features, the business secret protection system are summed up.The second part introduce the elements of the subjective and objective aspects of analysis.The third part is the main body of this paper, analysis of the judicial practice of commercial secret in the main, objective aspects, subject and procedure of identification, significant damage identification study on the way of dispute.The fourth part starting from the legislation of the crime of infringement of business secret, analyzes the existence of the crime of infringement of business secret in the threshold into the sentence, charges, litigation and other aspects of the problem, and puts forward the legislative suggestions.
Keywords/Search Tags:Commercial secret, the secret, the inversion of burden of proof, judicial identification
PDF Full Text Request
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