The Research On China’s Commercial Secret Criminal Law Protection

In the21st century, with the intensification of market competition and the fasteconomy growing, the economic values of business secrets become more and moreimportant. Therefore, the more crime behaviors are caused by the urgent needs to tradesecrets, which not only damage the holder of the trade secrets but also cause marketatmosphere serious deterioration. As a result, the call to the criminal protection of tradesecrets is becoming more and higher. In1997, our country added infringement of tradesecrets in section219of the criminal law and provided a strict legal punishment.However, in our judicial practice, the number of criminal responsibility is relatively lowbecause of infringement of trade secrets act, the reasons may comprise (i) The provisionof the legislation is so fuzzy that the judicial operation is difficult;(ii) Charge set is sogeneral that its inclusion is not strong;(iii) Crimes of configuration is not reasonable sothat the goal of crime prevention is difficult to achieve. These directly lead that it istoo difficult to use the criminal law protection of trade secrets. In this paper, it putsforward the suggestion on improving legislation consummation in trade secretinfringement that analyses the current defects of the criminal law on infringement oftrade secrets and draws lessons from foreign legislative experience.This article consistsof five parts except introduction and conclusion.The first part is a general overview. On the basis of which study the concept andcharacteristics of trade secrets and clearly understand of trade secrets, it expounds thenecessity of commercial protection of trade secrets.The second part is through the comparison of criminal protection of trade secretsamong continental law system, Anglo-American law system and the criminal law of ourcountry, we can improve the legislation about criminal protection of trade secrets.The third part is the study of the legislation defects and shortcomings on theinfringement of commercial secrets, mainly analyzing from the charges set, penaltyconfiguration, and the burden of proof and confidentiality, etc, in order to make criminalprotection of trade secrets more rigorous integrity.The fourth part mainly discusses the difficulties in the judicial practice, mainly oncrime and non-crime, identified significant losses as well as the judicial authentication,in order to make the judicial work more operational.The fifth part improves criminal protection of trade secrets on the basis of the defect of the legislative and judicial, puts forward to the suggestions of the legislativeon entity and procedure.