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The Characteristics And Investigation Countermeasure Of The Crime Of Infringing Business Secrets In Our Country

Posted on:2020-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2416330578971184Subject:Law
Abstract/Summary:PDF Full Text Request
Business secrets refer to business or technical information that is not known to the public,can bring economic benefits to the power holder,has practicability and is protected by the right holder.Trade secrets are the crystallization of human wisdom and have immeasurable value.They can enable holders to gain opportunities and advantages in the competition of the same industry.Trade secrets have become a hot spot in today's social market competition.Especially in today's high-speed economic development and economic globalization,the value of trade secrets has been paid more and more attention.Most countries around the world focus on trade secrets.Relevant protection laws have been enacted.With the deepening of China's reform and opening up,social development,scientific and technological progress,and increasingly fierce economic competition,in this situation,enterprises must constantly innovate in the competition to improve their viability.Trade secrets reflect the competitiveness of an economic subject in the same industry,as the "magic weapon"of enterprise development and the huge economic value it may produce,they will inevitably become.The object of covet by the lawless elements.Business secrets are infringed,and the loss to enterprises is millions of dollars.The attack on enterprises by infringement of business secrets may be devastating.The crime of infringing on trade secrets not only seriously damages the economic order of our country,but also endangers the property security of the people,and is becoming more and more serious.From the relevant cases of commercial secret crimes uncovered in recent years,it seems that the means of crime are becoming more complex and diverse,the difficulty of detecting cases is increasing,the amount of cases involved is also increasing,and the overall situation is not optimistic.As one of the economic crimes,the crime of infringing trade secrets has gradually increased in the proportion of economic crimes,which has seriously damaged the order of our market economy and hindered the healthy development of our market economy.To crack down on the crime of infringing business secrets,investigation is the foundation.For public security organs,the investigation of the crime of infringing business secrets is different from the investigation of ordinary economic cases,and is also different from the investigation of ordinary criminal cases.Therefore,the research on the investigation methods of crimes against trade secrets will help the judicial organs to crack down on such crimes in a timely and efficient manner and maintain the stability of market economic order.The criminal law of our country has stipulated the crime of commercial secrets.However,in the investigation of the crime of Infringing Commercial secrets,the public security organs have many problems,such as difficulty in obtaining evidence,solving cases and identifying crimes.This is mainly due to the specialty,concealment and wide scope of the crime of Infringing Commercial secrets.In view of the various problems and doubts arising in the investigation of such cases by public security organs,this paper expounds the concept and characteristics of the crime of infringing upon commercial secrets,and further analyses the characteristics of the crime of infringing upon commercial secrets,combines with the problems and doubts that easily arise in the investigation of such crimes by public security organs,and further explores the investigation methods and notes of the crime of infringing upon commercial secrets.Matters of interest.This paper analyses the crime of infringing on commercial secrets and its investigation,hoping to make the methods of investigating and dealing with such crimes more perfect in theory and provide reference for investigating departments to deal with such cases in practice,so as to effectively crack down on the crime of infringing on commercial secrets and improve the efficiency of investigation.
Keywords/Search Tags:Business Secrets, Infringement of Trade Secrets, Crime Characteristics, Investigation Countermeasures
PDF Full Text Request
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