Research On The Penal And Civil Cases Of Trade Secret

In recent years,with the implementation of my country’s innovation-driven development strategy and the country’s implementation of the strictest judicial protection measures for intellectual property rights,the civil,administrative,and criminal legislation and judicial protection of trade secrets have been improved day by day.Under the combined effect of multiple legal protection measures,my country’s trade secret infringement has been effectively curbed to a certain extent,but there are still problems such as the intersection of trade secrets between criminals and civilians that have not been fundamentally resolved.For a long time,the issue of the intersection of commercial secrets between criminals and civilians has not only been the focus of controversy among academic jurists,but also a problem that has plagued the practical world.This paper is a systematic study of the intersection of criminal-civil issues in trade secrets,which is divided into three parts: introduction,main text,conclusion and prospect.The introduction mainly introduces the research background,research status and research ideas of the paper.The first chapter is the basic principles of trade secrets criminal and civil intersection cases.This chapter mainly introduces the relevant concepts and characteristics of trade secret criminal and civil intersection cases,discusses the types of trade secret criminal and civil intersection cases,and analyzes the causes of trade secret criminal and civil intersection cases.The second is the mode of handling commercial secret criminal and civil cases.This chapter explores the three treatment modes of "first punishment before the people","first the people before the punishment",and "the punishment of the criminal and the civil in parallel".The third is the current situation and dilemma of trade secret criminal and civil intersection cases.Based on China’s current legislative norms and judicial reality,which sorts out the current situation of cross-criminal and civil cases of trade secrets in China and analyzes the dilemmas faced by such cases.The fourth is an analysis of the path of trade secret criminal and civil intersection cases.We should accurately determine the "same facts",combined with the three-in-one trial system,allow trade secret cases to file criminal incidental civil lawsuits,and achieve a smooth connection between criminal and civil procedures.The conclusion and prospect section introduces the innovation points of the article,summarizes the whole text and draws conclusions,and then looks forward to the future research trends of this topic.