摘要
自1997年刑法颁布以来,对商业秘密基本上形成了以民法保护为主、刑法保护为辅的法律保护格局,但是理论上和实践中均有一些争议和问题。侵犯商业秘密罪的主观罪过不应当包括过失,“重大损失”是一个比较抽象的概念,有必要通过司法解释予以明确,刑罚设置应当增加资格刑,罚金刑应优先,要明确罚金数额。
Since the publication of the 1997 Criminal Law of the PRC, commercial secrets have been mainly protected by the civil law and secondarily by the criminal law. However, there are still some academic discussions and practical problems in its theory and practices. This article briefly analyzed the commitment of the crime of infringing on commercial secrets in terms of subjective mood, ＇heavy losses＇and the prescriptions for it in criminal law. The crime of infringing on commercial law can＇ t be committed with an act by fault, ＇ heavy losses ＇ is too obscure that needs to be definitely specified by judicial interpretations, qualification penalty should be added to its way of punishments, and fines with definite amount could be firstly selected.
关键词
侵犯商业秘密罪
主观罪过
重大损失
刑罚设置
the Crime of Infringing on Commercial Secrets
Subjective Fault
Heavy Losses
Criminal Penalties
