Protection Of Trade Secrets Criminal Research

Protecting trade secret is not only the inevitable demand of the market subject but also the inevitable demand to maintain the rational market order of competition. In 1997, the Criminal Law set the act of infringing trade secret as a crime for the first time absorbing all the related contents of the Anti-unfair Competition Law. However, because of the special attribute of trade secret, and various acts of infringing trade secret, it's not easy to criminalize such acts and to convict and penalize such acts properly. With the rapid development of economy, cases of infringing trade secret increase, it's high time to amend the criminal system of trade secret protection. In light of it, this paper plan to analyze some key questions about infringing trade secret, with the hope that it will benefit the legislation and the justice.This paper consists of four parts: the first part is the generality of trade secret. Trade secret is the object of the crime of infringing trade secret. So it is necessary to introduce the concept and the characteristics of trade secret. The second part refers to the comparative research on criminal protection to the trade secret. The history of criminal protection to the trade secret in our country is very short. In this part, the writer will introduce and compare the history of criminal protection to the trade secret in some other countries and our country, in order to learn from them and perfect ours. the third part points out the deficiencies of the criminal protection to trade secret: for one part, some cases which should be handled following civil procedure are processed in criminal procedure for the Criminal Law absorbed Anti-unfair Competition Law on infringing trade secret absolutely, for example, infringing trade secret negligently; for the other part, the configuration of crime and penalty of infringing trade crime is not very proper, severe but loose. The last part puts forward some advices to amend the system of the criminal protection to trade secret in our country.