Study On Judicial Determination Of Crime Of Infringing Trade Secrets

As the core information of enterprises,trade secrets play an irreplaceable role in today’s market competition,and also have great strategic significance for the development and influence of enterprises.Under such a premise,the law also attaches great importance to the protection of trade secrets.As the guarantee of other department laws,criminal law in the new era,under the new circumstances,conform to the law of social development to the criminal protection of business secrets made new measures.That is to say,in order to deal with the complex and diversified torts in reality,the Amendment to Criminal Law（11）has made a new amendment to the crime of infringing on commercial secrets.The new revision involves many aspects,such as the concept of trade secret,the act of infringing on trade secret,and the criterion of incriminating the crime of infringing on trade secret.However,due to the complex situation in practice and the lack of relevant judicial interpretation to explain the abstract provisions and other reasons,there are still some problems in the determination of the crime of infringing on trade secrets,such as difficulty in concept determination,inconsistent behavior evaluation and inconsistent incrimination standards.To solve the above identified the problem,first of all to do with the criminal law front department coordinate method,in the framework of the provisions in the law on the front of,to grasp the practice of all kinds of information,judgment,the substance of the commercial secret,to secrecy,value,the secrecy of the practice in three main factors to judge,when some information is in line with the front law and has the characteristics of the commercial secret,Only then can the information be identified as a trade secret.Secondly,when identifying acts infringing on trade secrets,it is necessary to make a comparative analysis of the similarities and differences between the old and new laws,clarify the modes of infringement,classify the types of acts,and clarify the connections and differences among the types of acts such as improper acquisition,disclosure and use,breach of obligation and indirect infringement.Again,on the premise of not issued relevant judicial explanation,to clarify the new threshold into the crime of stealing commercial secrets,the new rules of "serious" situation and the original "significant loss" to distinguish the contrast,using a variety of ways and methods to the new standard to judge the sin,clear the amount of "serious" contained in the elements and the amount,Comprehensive judgment of the identification of different elements,to make an accurate evaluation of "serious".Finally,to do accurate cognizance stealing commercial secrets,also need to discusses the crime form of this crime,because of this crime in the criminal law amendment（11）to repair to plot a,to give an accurate analysis of the plot made first so content should be included by the plots and the connection between the criminal elements,Then it clarifies the relationship between this crime and other crimes,such as the relationship between imagination,competition and association,and so on.On the premise of protecting commercial secrets,based on the principles of criminal law and combining with actual cases,it comprehensively evaluates the problem of crime form.In this way,we can solve practical problems,get out of the plight of judicial identification,and make trade secrets more perfect protection.