The Comparative Study Of Commercial Secrets Criminal Law Protection For China And The United States

Commercial Commercial secret is the inevitable outcome of market economy.As the lastline of defense for protecting commercial secrets, criminal protection is very importantthroughout the commercial secret legal protection system.In China criminal the protection ofcommercial secrets starts late.Not until1997the promulgation of the Criminal Law, have speciallaws to seriously violate the conduct of the commercial secret criminal penalties.Along with theincreasing of internationalization of market, trade and technology competition, commercialsecret criminal activities increase rapidly and presents that the criminal tools intelligently andcrime means overdiversify,which lead to the holder of the significant damage and huge losses. Itnot only seriously disturbed the normal order of market, but also has a strong impact on ourcountry’s rapid economic development.Consummates our country criminal law protection ofcommercial secrets has been imminent.In this view,this article through comparing our country’scommercial secret criminal law protection with the United States’, in the hope of drawing onrelevant legislation in the United States,put forward the legislative Suggestions of perfecting ourcountry’s commercial secret criminal law protection.This paper is divided into four parts.In the first part, by comparing the commercial secretsof the criminal legislation development of China and the United States, we know it existdiffidences in the legislation source,infringement of criminal process,adjustment means.In thesecond part,it compares these two countries’constitutive requirements of crime,from crime mainbody important document, the infringement content, objective behavior, subjective factor fouraspects to carry on the detailed elaboration..In the third part,by comparing the regulations oncommercial secrets crime punishment configuration, aiming at the current situation that in ourcountry it still not have a specific provisions for the amount of fine punishment infringingcommercial secrets,the author thinks that the unlimited fines system gives a judge too muchdiscretion when he convicts during the implementation of tort and unpredictable consequences tothe behavior.There are a lot of unreasonable places.The fourth part puts forward somesuggestions of perfecting our country’s commercial secrets infringement, including widening the conception of the commercial secret boundaries, reconstruct commercial secret criminal charges,to distinguish between different types of commercial business secrets crime, a special provisionagainst economic espionage, consummates our country penalty allocation of stealing commercialsecrets, commercial secrets will crime rules for behavior, that makes a total of six aspects.