Investigation and Analysis on the Standard of Prosecution for the Crime of Violating Business Secrets from the Perspective of Optimizing Business Environment

摘要

It is a powerful measure to protect the legitimate rights and interests of business operators and optimize the business environment to prosecute and punish serious violations of business secrets. The present criminal law stipulates that the act of causing "heavy loss" to the obligee of business secrets is a requirement for the prosecution of a case of infringement of a commercial secret crime. However, how to identify the "heavy loss" in detail has no unified criterion. In view of this, the criminal sources of infringement of trade secrets should be revised and improved, the identification and calculation of the loss of trade secret owners in the prosecution standard should be refined, the calculation of illegal income should be simplified to establish a trade secret criminal prosecution protection mechanism conducive to punishing the infringement of business secrets, protecting the legitimate rights and interests of business operators, and optimizing the business environment.