Research On The Crime Of Infringement Of Commercial Secrets

After the amendment of this crime in the criminal law amendment（11）,it is necessary to re conduct a comprehensive study of this crime on the basis of paying attention to the revised contents: on the one hand,most of the existing studies on the crime of infringing trade secrets are based on the original provisions,and most of the studies focus on the traditional act of infringing trade secrets and the "major loss" as the elements of the crime,There are some deficiencies in the existing theoretical research on the revised content;On the other hand,under the background of new changes in the international and domestic economic situation,it is necessary to re-examine the remaining theoretical disputes and judicial practice difficulties of this crime in combination with the latest research trends,and try to make a new response to the controversial issues on the basis of research and analysis.This paper is divided into three chapters.The first part is mainly the definition of this crime.Since the "Criminal Law Amendment（11）" deletes the original concept and regulations of commercial secrets in this crime,the author firstly asks whether the term of commercial secrets in the criminal law is in a blank state in the criminal law can directly invoke administrative In response to the concept of commercial secrets in France,it then specifically discussed how to grasp the basic categories of commercial secrets.Finally,this article relies on the latest information to comprehensively comb the foreign legislative trends of the crime of infringement of trade secrets and the state of our country’s legislation.By sorting out the changes in the criminal protection of foreign trade secrets in recent years and analyzing the further expansion of the scope of trade secret protection through amendments,it is in line with the world trend.The second part is about the criminal composition of the crime of infringing on commercial secrets.This part focuses on the amendments made in the "Criminal Law Amendment（11）".In the part of "object of crime" of this crime,the author finds the current theories in the theoretical circles through sorting out,and believes that after the new revision of this crime,it is more reasonable to adopt the theory of simple order in the object.The "objective aspects of this crime" part,first of all,the author focuses on the content of the newly revised objective aspects of this crime,specifically how to understand and grasp the newly revised "coercion","bribery","electronic intrusion" and "violation of confidentiality obligations",etc.The method of behavior is discussed in detail;secondly,regarding how to grasp the revised "serious circumstances",the author will focus on the research in a separate subsection,through the study of the views of relevant scholars,combined with theories such as serious circumstances,that the author proposes how to grasp the newly revised "serious circumstances" of this crime.personal opinion.The "subject of this crime" part,especially the explanation of "the subject of this crime is the general subject" and the "reasonable grasp of the seriousness of the circumstances" mentioned in the previous chapter,to grasp the "serious circumstances" of this crime from the perspective of the special criminal subject.Finally,in conjunction with the revised provisions of the "Criminal Law Amendment（11）" on this crime,it is believed that the subjective aspect of this crime does not include negligence.The third chapter analyzes the difficult problems existing in the identification of this crime in combination with the actual cases on the Internet of Chinese judicial documents,and focuses on the distinction between criminal acts and legal acts,the analysis of civil and criminal boundaries and the form of attempted crime of this crime;In addition,it also analyzes how to distinguish this crime from related crimes.