The Problems and Solutions of Trade Secrets Overlapping Criminal and Civil Cases' Processing Mode

Trade secrets overlapping criminal and civil cases is a kind of special intellectual property cases. The court of our country handle such cases will encounter many difficulties when it abides by the principle of criminal prior to civil. Mainly for the criminal and civil jurisdiction level dislocation,the criminal and civil judgment conflicting,the criminal and civil evidence system are different,the risk of criminal litigation abuse increased. The principle of criminal prior to civil has many disadvantages while the principle of civil prior to criminal has many advantages in the process of handling trade secrets overlapping criminal and civil cases. Through obeying the handle principle of civil prior to criminal,establishing criminal and civil uniform judicial hierarchy,adopting the trial mode of three-in-one,establishing and perfecting the intellectual property court; In order to solve the problem of handling trade secrets overlapping criminal and civil cases,and balance the interests of trade secrets holder and infringer.