What is the crime of divulging commercial secrets?According to the provisions of article 219th of the criminal law of the crime of infringing trade secret: the disclosure and use of commercial secrets or allow others to use previously obtained by means of human rights and in violation of the agreement, or against the obligee's demand for keeping business secrets.Disclose and use or allow others to use the business secrets they have, and deal with the relevant ways of dealing with the leakage of trade secrets, and all of them are punished by the crime of infringing trade secrets.
Violations of commercial secrets constitute elements:
Subjective elements: the subjective aspect of the crime can only be intentional, that is, the perpetrator consciously through a variety of means to infringe trade secrets, knowing that his actions will bring serious consequences, still do.
Objective elements:
1.By means of theft, inducement and coercion or other improper means of illegal access to the rights of business secrets;
2.Deliberately disclose and use or allow others to use the previous means to obtain the trade secrets of the right owner, maliciously disclosing the trade secrets of the right person;
3.The units and individuals who have business relations with the obligee violate the agreement or violate the requirements of the obligee for keeping the business secret, disclosing or using the trade secret of the owner;
4.If the employee of the obligee violates the contract or violates the requirements of the obligee's keeping commercial secrets, he discloses, uses and allows others to use the commercial secrets of the obligee who owns it;
5.The third party knows or ought to be aware of any of the offenses set forth in the preceding paragraph, the acquisition and use or disclosure of another person's trade secrets as a breach of trade secrets;