Research On Several Issues In The Investigation Of Crimes Infringing On Commercial Secrets

Trade secrets are the vital property rights of enterprises,which are related to the core competitiveness of enterprises and to the survival and development of enterprises.In recent years,the number of cases of infringement of trade secrets in China has been on the rise,causing greater damage to the fair market economic order and the legitimate interests of right holders.In today's world,the protection of trade secrets in many countries,in addition to the use of civil remedies,is more important to protect the interests of right holders through criminal remedies.Article 219 of the Criminal Law of China for the first time added the crime of infringement of trade secrets,providing a powerful legal weapon for the protection of trade secrets.As the last line of defense against crime and the most severe sanction,criminal law protection plays an irreplaceable role in the protection of trade secrets.Through the analysis of the law enforcement data of the infringement of trade secret cases investigated by the public security organs of Jiangsu Province from January 1997 to January 2019,it was found that the number of criminal cases of infringement of trade secrets in the past 20 years has been increasing,The crime of infringement of trade secret is characterized by many hidden cases,many cross-regional case,hidden criminal means,high cost of handling cases and low overall detection rate.In the survey,it was found that the number of cases that could eventually be closed and solved was insufficient by one-third.The main reasons are:the criminality is more vague and general,which causes difficulties in the application of the law;The definition of trade secret and technical identification are highly professional,the investigation is difficult,the manpower and time cost of handling the case is high;The irrational allocation of crimes and punishments;the excessive burden of proof;the pressure of administrative examinations,etc.,make the criminal protection of trade secrets have certain defects,and fail to give full play to protecting the legitimate rights and interests of citizens and combating crime prevention..Combined with the current situation of criminal cases of infringement of trade secrets in Jiangsu Province,this paper combs and analyzes the main difficult problems existing in the criminal investigation of infringement of trade secrets through literature research,empirical analysis and other research methods.Based on the experience of criminal protection of foreign trade secrets,the trade secrets of China Criminal law protection proposes further improvement.The full text is divided into four parts:The first part expounds the theoretical basis of the criminal law protection of trade secrets.From the origin and theoretical development of the criminal law protection of trade secrets,the history of the protection of trade secrets from the protection of civil and administrative law to the protection of criminal law,especially the legal basis of the criminal law protection of trade secrets in our country,this paper expounds the theoretical problems such as the constitution of the crime of infringing upon trade secrets.The second part is an empirical study on the investigation of criminal cases of infringement of trade secrets in Jiangsu Province.Through the investigation and interview results of the cases of infringement of trade secrets investigated by the public security organs of Jiangsu Province from January 1997 to January 2019 and the investigation and interview results of the police handling cases in front-line units of investigation,this paper makes a data analysis for the samplesThe third part is expounds the causes of criminal investigation of the crime of restricting the infringement of trade secrets.The fourth part is to solve the dilemma of investigating cases of infringement of commercial secrets.Based on the reference to the legal system of foreign trade secret protection,combined with the actual situation in China,it proposes countermeasures to solve the dilemma of investigating cases of infringement of commercial secrets.