On The Regulation Of Trade Secrets Criminal Perfection

Trade secret, as a kind of important types of intellectual property, is an important part of knowledge economy in science and technology highly developed period and affects an enterprises even a country's sustained competitive. Countries as well as international organizations are actively exploring how to improve legal protection of the trade secret.The mainly kinds of the definition of trade secret are summarized type and comprehensive type. In China, the trade secret has four characteristics, novel, valueable, practical and confidential. Currently, there are some debates about the independent of practical. The criminal law forbidding trade secret experienced three stages:as the state secret protection,as the intangible property protection and as the trade secret protection.Representative business secrets legislation are mainly as follows:Economic Espionage Act of 1996 of United States, Unfair Competition Preventation Law of Japan and German Penal Code and Anti-unfair Competition Law. These legislation advantages and legislative spirit worth for reference.China's present criminal law about trade secrets mainly exists the following questions: Subjective aspect has negligence or not; Objective aspects of conduct is leaky; The ways of determinate the "significant loss"are different and the configuration of crimes and punishments isn't balanced.We shall deconstruct the crime of trade secret to be four different subject in legislation, different positions, different behavior ways and different social harmfulness behavior suit for different punishments; Weak the conviction function of significant loss and add other serious circumstances into the crime results. In judicial interpretations, shall explicitly explain the should know is presumed intentionally and detaile define the other serious circumstances. Consider setting the amount of the penalty of fine punishment clearly and add new qualifications punishment. Finally, complete the work of remodeling the crime of trade secret, in order to provide more reasonable criminal law basis for the justice department to reshape trade secrets crime and protect the lawful rights and interests of the trade secret owner.