侵犯商业秘密犯罪案件侦查对策研究
发布时间：2018-11-25 19:25
【摘要】：现代社会经济的竞争日趋激烈,商业秘密作为体现经济主体竞争力的一个重要因素,在实践中发挥着越来越重要的作用。一项商业秘密的获得可以使企业走向成功,一项商业秘密的丧失也可以使企业走向衰败。根据普华永道的一份研究报告称,仅在1999年至2001年问,全美超过1000家企业损失了超过1200亿美元就是由于盗窃具有产权的信息。很多欧美国家的大型企业为了应对日益突出的侵犯商业秘密的行为,会专门设立自己公司的情报室。近年来,随着我国市场经济的快速发展,侵犯商业秘密的犯罪案件频频发生尘,例如2009年引起全国乃至世界关注的“力拓案”,据称由于力拓公司的侵犯商业秘密的行为,给我国造成千亿的损失。2009年江汉石油“牙轮钻头”商业秘密案历经七家法院九次诉讼,2010年“天府可乐”配方及生产工艺商业秘密案等等。从上面的例子中,我们可以清楚的看出商业秘密在竞争中所占的份量,可以说商业秘密的保护不仅关系到企业本身的发展问题,而且有时甚至会对整个国家的经济产生影响。我国刑法第219条界定了商业秘密的范围以及规定了侵犯商业秘密犯罪的客观行为表现。然而,在对侵犯商业秘密犯罪案件的侦查实践当中,公安机关发现侦办这类经济犯罪案件常常有很多困惑,如法律惩罚不确定性导致侵犯商业秘密犯罪认定难问题,取证困难、破案率低的问题,跨区域性、涉外因素多的问题,等等。本文就是在这种背景下,开始对商业秘密的一些问题做出一些思考与探讨。希望通过对国内外有关侵犯商业秘密犯罪立法的分析,结合自己对侵犯商业秘密犯罪案件侦查对策的研究,从刑法学、刑事诉讼法学、证据法学和侦查学等学科的角度,对我国侵犯商业秘密犯罪的一些问题做一个比较深入和全面的剖析,从而为我国侵犯商业秘密犯罪的侦查实践提供一些理论上的参考。
[Abstract]:The competition of modern society and economy is becoming more and more fierce. Trade secret, as an important factor to reflect the competitiveness of economic subject, is playing an increasingly important role in practice. The acquisition of a trade secret can lead to the success of an enterprise, and the loss of a trade secret may also lead to a decline of the enterprise. According to a PricewaterhouseCoopers study, between 1999 and 2001 alone, more than 1000 companies across the country lost more than $120 billion because of theft of proprietary information. In order to deal with the increasingly prominent violation of trade secrets, many large enterprises in Europe and America will set up their own intelligence units. In recent years, with the rapid development of the market economy in our country, criminal cases of infringing trade secrets have occurred frequently. For example, the "Rio Tinto case", which attracted the attention of the whole country and even the world in 2009, is said to be due to the infringement of trade secrets by Rio Tinto Company. In 2009, the trade secret case of Jianghan petroleum "cone bit" went through nine lawsuits in seven courts, and the trade secret case of "Tianfu cola" formula and production process in 2010, and so on. From the above examples, we can clearly see the weight of trade secrets in the competition, it can be said that the protection of trade secrets not only concerns the development of the enterprise itself, but also sometimes has an impact on the economy of the whole country. Article 219 of our criminal law defines the scope of trade secret and the objective behavior of infringing trade secret crime. However, in the investigation practice of crimes against trade secrets, the public security organs often find that there are many puzzles in the investigation of such economic crimes, such as the uncertainty of legal punishment leads to the difficulty of identifying crimes against trade secrets, and the difficulty of obtaining evidence. Low detection rate, cross-regional, foreign factors, and so on. Under this background, this paper begins to make some thoughts and discussions on some problems of trade secrets. It is hoped that through the analysis of domestic and foreign legislation on the crime of infringing trade secrets, and combining with my own research on the countermeasures of investigation of cases of infringing trade secrets, from the angle of criminal law, criminal procedure law, evidential law and investigative science and so on, This paper makes a deep and comprehensive analysis on some problems of infringing on trade secret crime in our country, thus providing some theoretical references for the investigation practice of infringing trade secret crime in our country.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D918
[Abstract]:The competition of modern society and economy is becoming more and more fierce. Trade secret, as an important factor to reflect the competitiveness of economic subject, is playing an increasingly important role in practice. The acquisition of a trade secret can lead to the success of an enterprise, and the loss of a trade secret may also lead to a decline of the enterprise. According to a PricewaterhouseCoopers study, between 1999 and 2001 alone, more than 1000 companies across the country lost more than $120 billion because of theft of proprietary information. In order to deal with the increasingly prominent violation of trade secrets, many large enterprises in Europe and America will set up their own intelligence units. In recent years, with the rapid development of the market economy in our country, criminal cases of infringing trade secrets have occurred frequently. For example, the "Rio Tinto case", which attracted the attention of the whole country and even the world in 2009, is said to be due to the infringement of trade secrets by Rio Tinto Company. In 2009, the trade secret case of Jianghan petroleum "cone bit" went through nine lawsuits in seven courts, and the trade secret case of "Tianfu cola" formula and production process in 2010, and so on. From the above examples, we can clearly see the weight of trade secrets in the competition, it can be said that the protection of trade secrets not only concerns the development of the enterprise itself, but also sometimes has an impact on the economy of the whole country. Article 219 of our criminal law defines the scope of trade secret and the objective behavior of infringing trade secret crime. However, in the investigation practice of crimes against trade secrets, the public security organs often find that there are many puzzles in the investigation of such economic crimes, such as the uncertainty of legal punishment leads to the difficulty of identifying crimes against trade secrets, and the difficulty of obtaining evidence. Low detection rate, cross-regional, foreign factors, and so on. Under this background, this paper begins to make some thoughts and discussions on some problems of trade secrets. It is hoped that through the analysis of domestic and foreign legislation on the crime of infringing trade secrets, and combining with my own research on the countermeasures of investigation of cases of infringing trade secrets, from the angle of criminal law, criminal procedure law, evidential law and investigative science and so on, This paper makes a deep and comprehensive analysis on some problems of infringing on trade secret crime in our country, thus providing some theoretical references for the investigation practice of infringing trade secret crime in our country.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D918
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