Views On Some Problems In Crime Of Infringing Commercial Secrets By Information Network Age

There are some new features in the crime of infringing trade secrets in information network age,which pose new problems and challenges to the application of the crime.This article takes this as the research background,makes appropriate discussions and interpretations on some problems in crimes of infringing trade secrets appearing in the information network society,and responds to some controversial theories and judicial applicability issues.This article discusses from four parts:The "introduction" part of the article first reviews the process of legal regulation on infringing trade secrets in our country,It is also pointed out that mankind has already entered the era of information network.The development of information network technology has provided new space and tools for the occurrence of some traditional types of crimes,which exacerbates the difficulty of applying the law.The crime of infringing trade secrets should face these changes as well,which has the necessity of deconstruction.The first part of the article is the foundation of the study of the problem.This part respectively defines and deconstructs the concepts and characteristics of trade secrets and the crime of infringing trade secrets.At the same time,it takes the "four requirements" structure to analyze the crime of trade secrets infringement.The object of sin is "the right of another to trade secrets".In the objective aspects of the crime,the means of the crime of infringing trade secrets can be divided into four categories,and at the same time,composite standards should be adopted in the determination of"major losses".The subjective aspect of the sin is intentional.The subject of sin is the general subject.The second part of the article analyzes the impact of the information age on the elements of the crime of trade secret infringement.The specific impact of the advent of the information age on the elements of the crime of trade secret infringement is as follows.Enriched the contents of the commercial secrets of the object of the crime,expanded the means of violating commercial secrets,enhanced the obligation of the right holder of commercial secrets to protect the object of the crime,and expanded the calculation range of "major loss".The third part of the article is a discussion on some issues in the cognizance of the crime of infringing trade secrets in the social background of information network.The interpretation of this issue starts from the following three levels:Invade the computer information system to obtain the crime of commercial secret identification of the number of crimes,conduct violations of commercial secrets to provide Internet help behavior of criminal responsibility identification issues,Internet service providers in the crime of infringing trade secrets status.