Judicial Determination And Legislative Improvement Of The Crime Of Infringing Trade Secrets

"Trade secrets are intangible assets.The highest value of individual assets in the world is intangible assets,and the longest economic and technological life is intangible assets." It is precisely because of the high value of trade secrets that it has become the target of many criminals.With the development of the economy,market competition is becoming increasingly fierce,and the flow of talent is becoming more and more frequent.Infringement on the business secrets of competitors or employers is not uncommon.However,trade secrets is information that are protected by the right holders by taking confidential measures.They are inherently concealed,which determines that the vast majority of criminals involve personnel inside the victim unit,and the means of committing crimes is scientific,diversified and highly concealed.In addition,the imperfect legislation makes it difficult to verify and identify the crime,and judicial judgments are not uniform and coordinated.The article collected 112 judicial precedents since the crime of infringement of trade secrets was formally established in 1997.Through combing and analyzing the jurisprudence,combined with legislative regulations and the focus of academic disputes,the article summarizes three problems that plague judicial practice,namely the concept of trade secrets,the way of infringing business secrets,the determination of "significant losses",and suggestions to amend legislation and formulate special judicial interpretations.In terms of the concept of trade secrets,which has four major attributes.The article proposes to clarify the relativity of "secret" in legislation,abolish the provisions of "practicality",establish reasonable standards for "confidentiality",and extend the extension of trade secrets to "commercial information".Regarding the way of infringing trade secrets,the article proposes to retain the abuse of legally acquired infringing ways and to establish the statutory confidentiality obligation.It is believed that purely illegal obtaining acts also constitute a crime,but can be regarded as an attempted crime;adding "fraud" and "bribery" and other illegal acquisition behaviors;think that this crime can only be constituted by intentional crime,and cancel the "should know".Regarding the determination of "significant loss",the article proposes to modify"significant loss" to "serious plot",and to refine the "serious plot" by formulating a special judicial interpretation,which specifically includes four cases,in no particular order,with a view to greatly reducing difficulty in verifying and conviction,saving judicial costs,and changing the predicament of this crime in judicial practice.