Criminal Law Protection of Trade Secret in the United States:Right Protection and Broad Concept of National Security
The United States places the protection of trade secrets in a position of crucial importance,concerning national economic interests and even national security.As such,the United States has established a multi-level criminal law system for the protection of trade secrets,defining two charges:economic espionage and theft of trade secrets.The scope of trade secrets defined by the United States Federal Code is broad and flexible,with the scope of criminal law protection for trade secrets broader than civil law protection,and the focus here is not on"protecting rights"but on"combating crime".The scope of harmful acts punishable for the above two crimes is broad,and the courts have a broad scope in determining whether an action involves trade secrets and determining the criminal intent of economic espionage.This approach greatly facilitates serving the economic interests and national security of the United States.This reflects not the spirit of the rule of law but the concept of pan national security,and has become a tool for strategic containment of countries,including China,on the pretext of combating crimes of infringing on trade secrets.In order to provide equivalent criminal protection for China's trade secrets,national security and interests,it is necessary for China's criminal law to reasonably interpret the elements of the crime of infringing on trade secret,to clarify the conditions for conviction for the crime of stealing,spying,bribery,and illegally providing trade secrets for oversea,and to expand the scope of its punishment.
US criminal lawtrade secretcriminal law protectionbroad concept of National securityequivalent Protection