Dissertation > Excellent graduate degree dissertation topics show

And foreign infringement of commercial secrets comparison and reference

Author: LiChuanHao
Tutor: WangShunAn
School: China University of Political Science
Course: Criminal Law
Keywords: Violating commercial secrets Chinese and foreign violations of trade secrets compare Foreign legal reference
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 133
Quote: 0
Read: Download Dissertation

Abstract

Not only to bring the infringement, violation of trade secrets and more caused immeasurable loss to the state. Only in 1999-2001, according to a PricewaterhouseCoopers study said the nation's more than 1000 companies lost more than 120 billion U.S. dollars is due to the theft of proprietary information. Even many large enterprises in Europe and America will set up special intelligence unit to respond to the increasingly prominent trade secret infringement behavior. With the development of China's market economy, such as the various types of commercial espionage situation showed an increasing trend. Of Jianghan Petroleum the cone bit \Although the provisions of Section 219 of the Criminal Law of China of violating commercial secrets, our judgment through a criminal trial for the crime of espionage cases, violating commercial secrets case is rare. The main reason is the latter finds more difficult, coupled with commercial considerations, involving both sides tend to compromise, take the way to resolve civil judgments. However, with the recent cases of trade secrets jurisprudence increased discussion about trade secrets crime also will be increased, but there are still a lot of questions. Therefore, this paper discusses the infringement of commercial secrets of the burden of proof of the crime problem, analyze, compare practice better maintenance of the order of the socialist market economy, to create a good business climate, as well as comparison to the other countries and regions in the world, violating commercial secrets many differences exist in theory and legislation, intended to demonstrate the analysis of the problem of identification of violating commercial secrets, and put forward some feasible suggestions for improvement. Method using the literature review of violating commercial secrets theory study, using questionnaires, discussion visited data access methods to the study and analysis of the practice of the burden of proof and convicted of violating commercial secrets in China. In the grasp of the relevant material on the basis of the use of induction, deduction, reasoning analysis proposed strategy to improve the infringement of commercial secrets. Violating commercial secrets of Chinese and foreign content, this first study some basic problems of violating commercial secrets, the main contents include the definition of trade secrets, criminal violation of trade secrets legislative significance, Legislative History; compared The main contents include violating commercial secrets of common law countries, civil law countries violated the provisions of the Business Secrets, Chinese violations of the provisions of the trade secrets of sin, and foreign violating commercial secrets under the comparison; Finally, learn from foreign invasion Commercial the secret sin provisions of the Development of China's commercial secrets some perfect countermeasures, including the calculated clear heavy losses, to lower the threshold of the incriminating additional negligent disclosure of trade secrets, and measures to improve the legal punishment of violating commercial secrets discussed. Our trade secrets to protect the legal system to build relatively late, many aspects of the law is still in the extensive development stage, it is also perfect away long and in-depth research.

And foreign infringement of commercial secrets comparison and reference

Abstract

Related Dissertations