论我国刑法中的侵犯商业秘密行为-刑法学专业论文.docx

II II ABSTRACT The behavior of violating commercial secrets refers to obtain, disclose, use or permit others to use the commercial secrets of rights holders improperly, thus injures their interests. The mode of behavior of violating commercial secrets shows as the following four categories: one is to obtain commercial secrets improperly, it is specifically refers to theft, coercion, inducement or other improper means. Second is to disclose, use or permit others to use the commercial secrets obtained through improper means illegally. Third is to disclose, use or permit others to use the commercial secrets obtained through legal means illegally. In this situation, there is a contract or agreement between the actor and the rights holder in which they reached a consistency for the actor obtains the commercial secrets, but he violated the agreement or the requirement. The fourth behavior based on the violations of commercial secrets above, it refers to a third person who knows or should have known the above behaviors but he still obtains, uses or discloses the commercial secrets obtained through the above behaviors. The objects of behavior of violating commercial secrets is commercial secrets, it is defined as the technical information and management information which are unknown by the public, can bring economic profits to the person who enjoys the rights, is of utility and has been taken classified measures by the person who enjoys the rights. The boundary between behavior of violating commercial secrets in criminal law and in administrative law is the former demands serious behavioral outcomes. The boundaries among behavior of violating commercial secrets and behavior of violating state secrets and theft in larceny are that their means of behavior and objects of behavior are different. Keywords: trade secrets; acts; methods; objects; identified PAGE PAGE 1 目 录 第 1 章 引 言 2 1.1 选题依据 2 1.2 研究现状 2 1.3 研究思路 3 1.4 本文拟解决的问题 3 第 2 章 侵犯商业秘密行为的概念 4 2