Study On Applicable Law Problem Of Violation Of Crime Of Trade Secrets

The modern age is an era of knowledge economy,and intellectual property has become a major thrust of economic growth and development.As an important type of intellectual property,trade secrets has important value and practicality,because it can not only bring substantial economic benefits and competitive advantage to the obligee,but also promote social development.Trade secrets boasts the characteristics of secret,invisible and valuable.,making it easy to be violated by crimes.Due to the limitation of civil law,administrative law and other legal efforts in protecting trade secrets,criminal trade secret protection is increasingly appealed by the obligee,and more and more countries have begun to protect trade secrets through criminal law.Although "The Criminal Law of PRC" implemented in 1997 has some provisions of crime on trade secrets,initially established criminal protection of trade secrets.But judicial practice has proved that our trade secrets there are still many problems in terms of both procedures applicable sense entity significance,led to inadequate protection of trade secrets in criminal law.Therefore,there is an urgent need of analyzing on the application of law in infringement of trade secrets and put forward the corresponding theoretical and practical countermeasures.This paper based on the legitimacy and value of trade secrets criminal protection,and interprets China's current provisions of violating trade secrets in criminal law.Analyze the three major problems of judicial practice from both substantive and procedural points of view and put forward solutions to existing problems of violation of crime of trade secrets based on the combination of our judicial practice.Text of this paper is divided into four chapters,a brief which reads as follows:The first chapter introduces the background,analysis methods of this thesis.The second chapter studies the problem of justice in the infringement of commercial secrets based on the study of the first chapter,including three main problems,that is:the identification on the "significant loss",the judicial expertise and criminal supplementary civil action.The third chapter investigates the reason of some problems in judicial exercises such as judicial expertise and cross fields of penal and civil,which based on analysis of the definition of "significant loss".The fourth chapter is about the solutions to solve the tree main problems mentioned before.These problems are both substantively and procedurally,which impacts the effect of fighting against crimes of trade secrets.For the three judicial problems,this paper presents some solutions and improvements.