A Study On The Legislation For Criminal Protection Of Trade Secrets In China

With the continuous development of society,the development of enterprises and the continuous progress of market economy,the birth of commercial secrets has been triggered.Due to the trade secret itself and the self-interest of the obligee,it is more and more important to effectively protect the trade secret.Especially in China,which is in the process of modernization,with the continuous development of commercial trade,the protection of commercial secrets is even more important.Due to the late introduction of the market economy system,China has also developed late in criminal protection of trade secrets.The imperfect protection system of trade secrets and the insufficient development of legislation and judicature have become the main reasons for the impact.China is still at a groping stage in the criminal legal protection system of trade secrets.Even though the Anti-Unfair Competition Law provides for the protection of trade secrets,this system lacks rigour and cases of infringement of trade secrets continue to occur,which reflects the imperfection of China's legal system for the protection of trade secrets.In contrast,other countries have relatively perfect legal systems,complete specific laws and regulations,complete system supporting measures in the criminal protection system of trade secrets,and have many more advanced experiences in the protection of trade secrets.This paper first compares the criminal protection systems of trade secrets in China with those in the United States,Japan and South Korea,studies the development process,constitutive requirements,criminal punishment contents,characteristics and enlightenment of the protection of trade secrets,and explains the referential value of the criminal protection systems of trade secrets in the United States,Japan and South Korea.Then,based on the current situation of the criminal protection of trade secrets in China,it points out the defects in the protection of trade secrets in China's criminal laws and the misunderstanding of Chinese enterprises in the protection of trade secrets,and findsout the key points to protect trade secrets.Finally,it summarizes the excellent experiences and lessons of foreign countries and puts forward corresponding suggestions on the improvement of China's criminal protection system of trade secrets from three breakthrough points: first,it discusses the content of criminal protection of trade secrets and analyzes the problems of imperfect legislation and narrow scope of criminal protection in the criminal protection of trade secrets;The second is to improve the legal relief of trade secret crimes.The third is to improve China's criminal legal protection system of trade secret protection by putting forward effective legislative proposals for criminal protection of trade secret,increasing the crime of economic espionage,increasing the types of penalties,and improving the relief mechanism in China's trade secret.The third is to learn from the excellent experience by comparing with other countries' trade secret protection.