Research On Judicial Identification In The Crime Of Infringing Trade Secreys

With the continuous development of society,the importance of trade secrets has emerged as an important component of the competitiveness of enterprises in market competition.The protection of trade secrets is an important part of maintaining a fair competitive order in the market and protecting the legitimate rights and interests of trade secret owners.In practice,trade secret infringement occurs frequently,but the success rate in prosecuting crimes related to trade secret infringement is very low.In this context,the "11th Amendment of the Criminal Law." revised the conduct,thresholds for criminal liability and subjective aspects of the criminal offense of violating trade secrets.After this amendment changed the criminal offense of violating trade secrets from knowingly or should have known to knowingly,the controversy over the subjective aspect of violating trade secrets has gradually subsided.However,due to the lack of relevant judicial interpretations and the complexity of trade secret cases,problems such as inconsistent standards and inconsistent evaluations regarding the concept of trade secret,the conduct of this offense,and the determination of the threshold for conviction still exist in judicial practice,and in-depth research is needed.The full text consists of four parts:The first part deals with the judicial application and legislative amendments to the crime of infringement of trade secrets.Firstly,through the case search platforms such as China Judgment Document Network,Peking University Magic Treasure and Wolters Kluwer,the criminal cases since the establishment of the crime of trade secret infringement were collected,and the collected cases were analyzed,focusing on the distribution of samples,the identification of trade secrets,the determination of trade secret infringement and the calculation method of loss amount,and summarized the problems in the determination of trade secret infringement crimes in judicial practice.Secondly,the key contents of the amendments to 11th Amendment of the Criminal Law for the crime of infringing trade secrets are sorted out.The second part deals with the scope of trade secrets and judicial identification.Starting from the analysis of the problems of identifying the characteristics of trade secrets,it becomes clear that confidentiality,non-disclosure and value of trade secrets are used as elements of identification.Then,based on specific cases,the meaning of confidentiality,confidentiality and value in judicial practice controversies and identification difficulties are summarized,and the identification standards of "not public knowledge" and the rationality of confidentiality measures are clarified.The third part deals with the identification of the conduct of this offense.The offense of trade secret infringement is divided in criminal law into unlawful acquisition,unlawful disclosure,unlawful use,and unlawful use by others,and discussed in conjunction with cases,which paves the way for subsequent identification of serious circumstances.Focus on analyzing the contentious issues in identifying the newly added "deception," "bribery," and "electronic intrusion" in the "11th Amendment of the Criminal Law."The fourth part deals with the determination of the "grave circumstances".Based on the legal interests protected by the offence of trade secret infringement in order to protect the dominant competitive position of the obligated party,it is proposed to limit the gravity of the circumstances to the objective circumstances indicating the degree of infringement of the legal interests.By clarifying the dispute on the proper relationship between serious circumstances and high losses,the amount of the offence continues to be used as an important criterion for determining the seriousness of the circumstances,and finally,a "high amount of loss" caused by the offender’s violation is constructed as the core,supplemented by non-amount elements.