On the Double-Tier Identification Rules of the Crime of Infringing Trade Secrets
The intervention of the antecedent law and the criminal law in trade secret disputes is different due to the difference in the protection of legal interests.The anti-unfair competition law focuses on the private rights and interests of the trade secret owner,while the criminal law protects the fair and free competition order.The judgment of crime and non-crime needs to be guided by legal benefits and carry out through a double-tier identification path:the first level needs to take the secrecy and confidentiality as the identification standard,and exclude the information involved which does not have the attribute of intellectual achievements;the second level needs firstly to review the necessity and appropriateness of the criminal law intervention on the basis of the identification of the narrow circumstance elements in the case,and secondly,the function of the amount element should shift from affirmative to negative criminalization,and cases where the amount element does not comply with judicial interpretations should be decriminalized.Only by meeting the requirements of the two levels at the same time can a positive evaluation be made on the degree of infringement of legal interests worthy of criminal punishment.Under the hierarchical identification mode,the provisions of laws and judicial interpretations can achieve effective communication and connection in the process of legal application.
crime of infringing trade secretstrade secret disputesfair and free competition ordertrade secretsserious circumstances
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