Research On Objective Area Of Infringing On Business Secrets Crime

In order to comply with the trend of economic development and social progress associated with the need for legislation,when enacted Criminal Law in 1997,created article 219 of infringing on business secrets.The establishment of this accusal is a breakthrough of the legal protection of business secrets in China.However, when legislated,because the legislators lack of the legislative experience and practice guidance, this article was established almost entirely of copying the Article 10 of《Anti-Unfair Competition Law》,in practice caused a lot of conflict.Especially after more than ten years of development, the contradiction between the Article 219 of the Criminal Law and the reality is more serious. In this paper, the author compared by history and research methods,startting from the historical background of the development of the protection of business secrets in China, combining with foreign advanced legislation cases, analyzing the deficiencies in the objective area of the Article 219 one by one, exploring its causes, with a view to settle the deep end that the legislation of the objective area of Article 219 suffered in the practice of justice. At the same time, the author accorded to the theories of Civil Code and the other relevant laws, and combined with the theory of criminal law to discuss the iusses of "heavy losses", "network to protect business secrets" and "noncompete" and so on,to solve the isolated research in the objective area of infringing on business secrets .