Infringement Of Commercial Secrets

Commercial privacy has been existing from ancient. Using the method of criminal laws to protect it pratically nor only guarded the benefit of the right owner but also ensured the steady development of our national enterprises; this method not only stroke the commercial privacy encroachment crime but also promoted our socialism economy construction. This is a new definition of criminal legislation and execution invested to us by history.Basing on the Article 219and 220 of Criminal Law of P.R.C. and combining with other relative legislation, the thesis made a detailed discussion on the construction of commercial privacy encroachment, commercial spy encroachment crime, legally obtaining action and post-behaviour of bona fide third party etc. relating to guilty or non-guilty. In the process of researching the writer found that the relative legislation on commercial privacy encroachment crime in our country is not perfect yet and some problems exsting in judicial practice still cannot be solved effectively. Therefore combining with current legislation and execution in our country and foreign theories on commercial privacy encroachment crime the thesis aimed at the above-mentioned problems to raised counterpart suggestions,which are adapt to the tendency of connecting with WTO international track on withholding Intellectual Property encroachment crime and adjust the law on relative types of our country. All these efforts are to make our legislation more scientific,more perfect and follow the step of times much more better.