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Research on Objective Area of Infringing on Business Secrets Crime

Author: ChenLiFang
Tutor: LiLi
School: China Youth Political College
Course: Criminal Law
Keywords: Trade secrets Intellectual property rights Tort 97 Criminal Law Economic crimes
CLC: D924.3
Type: Master's thesis
Year: 2008
Downloads: 113
Quote: 3
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Abstract


Set in 1997 of the penal code, in order to adapt to the trend of the economic development and social progress associated legislation needs, set up the article 219 infringe business secret SINS. The establishment of this crime, it is our business secret law protection system of a breakthrough. But the legislation, due to the lack of related legislation lawmakers experience and practice guidance, the charges to the law set almost completely copy our country "anti-unfair competition law the provisions of article 10, so in practice has resulted in a lot of conflict. Especially after more than ten years of development, the article 219 of the criminal law and the reality of the contradiction between more prominence. This paper USES historical and comparative research methods, from China's commercial secret protection of historical development of the background, combined with foreign advanced legislation, analyse the article 219 of the criminal law in our country in the objective aspects of the insufficiency of the provisions in its reason, in order to can completely out of the charges and the objective rules in the difficulties encountered in the judicial practice. At the same time, this paper USES the theory of civil law and other relevant laws, in "significant loss", "network business secret protection", "non-competition" and so on and the theory of criminal law combined with discussed, to aid in the infringement of trade secret sin and the objective aspects of the research on the theory of punishment punishment out of the isolated Spaces.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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