Infringe Business Secret Crimes Countermeasures

Modern social and economic competition became increasingly fierce, commercial secrets, as an important factor of reflecting the competitiveness of the economic subject, play a more and more important role in practice. A commercial secret can make the enterprise to get success, the loss of a commercial secret also can make the enterprise to decline. According to the report of PricewaterhouseCoopers, only in 1999 and 2001, there are more than 1000 companies which lost over $120 billion in America because of theft of information with property right. Many large enterprises in Europe and America, in order to deal with increasingly prominent infringing trade secret behavior, can set up their own company’s intelligence room.In recent years, with the rapid development of market economy in China, infringe business secret criminal cases occurred frequently. For example, it is said that in 2009 the "Rio case",which cause China’s and even the world’s attention, cause the loss of billions in our country. In 2009 jianghan petroleum "roller bit" commercial secret case undergo seven courts and nine litigations. In 2010 "the coke" formula and process the business secret case, and so on. From the above example, we can clearly see business secrets’weight in the competition, commercial secret protection is not only related to the development of the enterprise itself, and sometimes even effect the whole country’s economy.Our country’s criminal law article 219 defines the scope of commercial secrets and the provisions of infringing business secret crime objective behavior. However, in the investigation practice of infringing trade secret crime cases, the public security organ found that investigating this kind of economic crime cases often have a lot of confusion, such as affirmation difficulty due to legal punishment uncertainty to infringing trade secret crime, difficult problem to obtain evidence, the problem of low detection rate, cross regional, foreign factors, and so on. This article is in this context, and begin to make some thinking and discussion to these problems of commercial secrets. Hope that this article, through the domestic and international the infringing trade secret crime legislation analysis, in accordence with my countermeasures study of infringe business secret crimes, from the criminal law science, the criminal procedure law science, the evidence law science and the investigation science and so on, study the problems of our country’s infringing trade secret crime, and do a more thorough and comprehensive analysis, thus providing some theoretical reference to practice of our country’s criminal investigation of infringing trade secret crime.