Research on the Problems of Crime of Infringing Trade Secrets
|School||Southwest University of Political Science|
|Keywords||Crime of Violating Trade Secrets Trade Secrets Great Losses The Character of Subject|
In corporation, trade secrets are important information resources, it is very important for enterprise’s production and operating activities and the status of the enterprise in the fierce market competition. Because of the importance of trade secrets, it is very common phenomenon of violating trade secrets in socio-economic life, and has the trend of increasing. For against and punishing the illegal common practice rigorously, state organs legislate correlative rules and regulations successively. In judicial practice, although there has correlative legal rules to guide, there are still many controversies when the court announces their verdict about violating trade secrets, because of the complexity of socio-economic activity and the diversity of forms of crime. For example, what character should the information has as trade secrets? which conduct belong to the illegal conduct of violating the rightful owners’ trade secrets among much conduct? Therefore, this article will start with a case, and elaborate in detail on problems about crime of violating trade secrets. The full text is divided into six parts,nearly 1,9000 words .PartⅠ: The case . Hu Shitai and Wang Yong violate trade secrets.PartⅡ: The cases brief . This part describes the cases briefly.PartⅢ: Focus of the case including the following aspects: 1.Does the correlative conference information which the rightful owners advocate belongs to trade secrets? 2. Does the means that the defendants take are legitimate and rightful? 3. whether the determination of losses is reasonable and legitimate, and there are causal connection between the tort of four defendants and the great losses of China’s iron and steel enterprise?4. Does the corporation that Wang Yong works in commits crime of violating trade secrets?PartⅣ: Controversy and divergent. This part introduces the opinions of prosecutor and defense counsel.PartⅤ: Jurisprudence analysis . This part is the main content of the essay. The laws of countries in the world and international treaty have dissimilar elaboration on the meaning of trade secrets, so the constitutive elements showed from the meanings also unlike.The author analyzes the existent theories about constitutive elements, also analyzes the scope of trade secrets according to the laws and regulations of our country. And then, pay attention to analyzing several kinds of unlawful action of violating trade secrets, and elaborating the standard of determining the improper conduct. Next, explains the problems about the determination of losses, and expresses the author’s views about the causality in criminal law between the tort of defendants and the great losses. Finally, analyzes some problems about the corporation commits crime of violating trade secrets.PartⅥ: Conclusion .1. The correlative conference information that the rightful owners advocate belongs to trade secrets.2. Four defendants take improper means. 3. The determination of losses is reasonable and legitimate, and there is causal connection between the tort of four defendants and the great losses of China’s iron and steel enterprise.4. The corporation that Wang Yong works in commits crime of violating trade secrets.