To achieve a balanced protection of trade secrets,it's essential to address the key challenges at the intersection of civil and criminal law regarding trade secrets.Firstly,on the substantive issues:when both civil and criminal laws determine that an infringement has occurred,they should,in principle,have a consistent understanding of the inherent meanings of the relevant elements.Criminal law can only make certain restrictions on both objective and subjective grounds.When civil and criminal laws determine the damages caused by an infringement,there are certain differences.It's necessary to evaluate from a criminal law perspective whether the rules of civil law are applicable in criminal proceedings.However,damages that can be determined in criminal proceedings can also be recognized in civil proceedings,which sets the baseline for civil damages.Secondly,on procedural issues:while civil litigation adopts a rule of shifting the burden of proof,criminal litigation requires clear facts of the crime and solid,sufficient evidence,and the two don't contradict each other.The concept of"concurrent civil and criminal proceedings"doesn't have fundamental problem.Instead,it can establish a clear hierarchical system for trade secret protection,leveraging the strengths of both civil and criminal litigations.Lastly,concerning the binding force of prior judgments:for the binding force of a prior criminal judgment on subsequent civil litigation,it's essential to differentiate between the main text of the criminal judgment,the primary facts of the convicted case,and the evidence upon which these facts rely,forming a tiered binding force.As for the binding force of a prior civil judgment on subsequent criminal litigation,the binding power of the civil judgment on the criminal procedure is weaker.The criminal litigation should review,based on its legal standards,whether the facts and evidence determined in the civil judgment should be adopted.
crime of trade secret infringementcivil tort of trade secretcivil-criminal intersection
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