略论侵犯商业秘密罪

侵犯商业秘密罪在《刑法》第２１９条的规定中有两个量刑幅度,此条款过于原则、笼统,在实践中很难掌握,在制定司法解释时应明确规定该罪的立案和处刑条件;对“重大损失”和“特别严重后果”应有明确的界限划分。

A Brief Comment on Crime of Infringing Trade Secrets

Although the extent of punishment discretion has been stipulated in the Clause 219 of "Criminal Law", it is hard to practise because it is too general and principled. Therefore, the conditions of case-filling and punishment should be definitely stipulated in judicial interpretation of this crime and there should be demarcation between "heavy losses"and "grave consequence".