Research On Criminal And Civil Cases Of Infringement Of Trade Secrets

Within the framework of the existing laws,it is easy to cause the blurring of civil and criminal boundaries in cases of trade secret violations due to the characteristics of trade secrets.How to deal with such cases is also a difficult problem in theory and practice.After the defendant is convicted of the crime of infringing on trade secrets,he should make civil compensation to the owner of the trade secret,but there are certain disputes over when and how to bring civil compensation.Therefore,it is of great practical significance to study the criminal and civilian cross-cases infringing on trade secrets.In order to learn the current situation of such cases and provide some opinions for the solution of the dilemma of such cases,This article analyzes this type of cases based on the actual situation of the practice.In addition to the introduction and conclusion,the text is divided into four chapters.The first chapter defines the related concepts of criminal and civilian cross-cases.On the basis of summarizing the characteristics of litigation activities,the concepts,types,and research priorities of such cases are defined from the aspects of entities and procedures.The second chapter analyzes the current situation of criminal and civilian cross-cases involving infringement of trade secrets.It focuses on the identification of "major losses",the civil action incidental to the criminal case,and the criminal case investigation,from the three perspectives of the existing legal provisions,theoretical research and judicial practice.The second chapter is the current situation of criminal and civil cross cases involving infringement of trade secrets.After summarizing the existing legal regulations,theoretical studies,and analyzing the empirical data,the three major aspects are the identification of "significant losses",the incidental criminal proceedings and the examination of criminal cases.The third chapter studies the dilemma of such cases,and analyzes the conflicts in the identification of criminals,the certification of criminals,and the judgment of criminals.This chapter also discusses the features and disadvantages of the two modes," Criminal Procedure Prior to Civil Procedure" and "Civil Procedure Prior to Criminal Procedure".The fourth chapter analyzes the solution to the criminal and civilian cross-case infringing on trade secrets.This chapter reconstructs the identification method of "major loss",improves the handling mode,and constantly bridges and coordinates the conflicts between criminal and civilian in cases,so as to realize the natural state of connection in content and coordination in function of criminal and civil procedure,and at the same time achieve the practical effect of reducing litigation cost and improving litigation efficiency.