The Identification Of The Elements Of US Infringement Of Trade Secret Crimes And The Enlightenment To Chinese Legislation

Since Reform and Opening has further implemented in 1990 s,a large number of companies and individuals quickly gain economic benefits by stealing the trade secrets of others driven by interest.In response to this reality,basing on the investigation of relevant national legislation,it was the first time that the crime of infringement trade secrets has been regulated into the scope of Chinese Criminal Code in 1997.However,lacking of experience in relevant legislation and thorough investigation on foreign legislation,there has been a series of confusion in the article No.219 of the Criminal Code.Although the protection of trade secrets in China has shifted from the protection of the original civil sphere to the joint protection of the criminal and the civil,outwardly the weak protection has enhanced to strong protection.However,in essence,the criminal law did not play a practical role in the strong protection of trade secrets.With the rapid development of Chinese economy and society,the science and technology enterprises continue to increase,and trade secrets show more diversity and greater actual value.It has been difficult to effectively protect Chinese trade secrets by using the provisions of the 1997 Criminal Law on the protection of trade secrets.In particular,there has been a large number of commercial secret espionage cases in recent years,the criminal legislation of trade secrets needs to be revised.The Economic Espionage Act promulgated by the United States in 1996 has adopted criminal regulation on commercial espionage and theft of trade secrets.With a large number of explanation on the key concepts through guiding cases,clear legislative provisions,rigorous logical structure,the Economic Espionage Act is significant for the legal protection of trade secrets in China.This paper adopts the case analysis method to deconstruct and analyze the constituent elements of the crime of economic espionage and theft of trade secrets in the Economic Espionage Act through nearly a hundred cases in American judicial practice,and makes a comparative analysis of the legislative thoughts,constituent elements and criminal liability of Sino-US crime of violating trade secrets through comparative research method.A deep summary of the United States in the protection of crimes against trade secrets can be used for reference.Furthermore,this paper intents to propose relevant advice through the analyzing establishment,amendment of economic espionage,and three-tiered-combination system with introspection on Chinese criminal regulation.