论我国侵犯商业秘密罪的立法不足与完善

On the Defects in the Legislation of the Crime of Commercial Espionage and Perfection

由于知识经济的兴起以及经济全球化的发展,商业秘密已逐渐成为市场竞争的焦点。对照TRIPS协议的有关规则,我国关于侵犯商业秘密罪的实体和程序立法均存在很多不足,有必要加以完善。

Owing to the situation that knowledge economy is unfolding and economic globalization is developing, commercial espionage has gradually become the focus of commercial competition. Compared with relevant rules of TRIPS, both our substantial and procedural legislation of the crime of commercial espionage have some defects that need perfecting.