侵犯商业秘密罪辩析

Discriminating Crimes of Trade Secrets

所谓侵犯商业秘密罪， 是指行为人以盗窃、利诱、胁迫或其他不正当手段侵犯他人的商业秘密，给商业秘密权利人造成重大损失的行为。该罪能否成立， 可以从主体、客体、主观和客观要件等方面对它的构成特征进行分析， 要在司法实务中划清本罪与假冒专利罪、非法获取国家秘密罪的界限， 还要注意对行为人利用职务之便， 非法侵占、擅自转让商业秘密的行为进行具体分析和认定。

The thesis comprehensively discusses crimes of trade secrest is in four aspects. They are the subject of constitutive elements of a crime, the criminal object, the subjective and objective. Crimes of trade secrets mean an offender who takes acts and results serious damages to the owners of the trade secrets by stealing, inducing, threatening or some other methods. In judicial practice, we should make a clear distinction between these crimes and those of counterfeiting patents, and crimes of illegally acquiring state secrets. We should slso concretely pay attention to analysis and cognizance of the acts which the trade secrets were illegally possessed and presumingly conveyed by actors.