"Dwelling Narrowness" since landing in Beijing television channel, to win a lot of applause and praise, but "dwelling" in the treatment of actor Su Chun suspected of leaking commercial secrets (involving up to 24000000 yuan) format, there are many "legal Yingshang" by the attention, hope.

    A, charges

In the play, the actor Su Chun alleged disclosure of commercial secrets, detained by public security organs. However, China's "criminal law" does not require the disclosure of commercial secrets, but the crime of infringing trade secrets (i.e.: by unfair means, access, disclosure, use or permit others to use the business secrets of the right owner, to the business secret rights caused a serious loss, therefore, disclosure behavior) (or leakage) business secret does not constitute the disclosure of commercial secrets crime, but the crime of infringing trade secrets.

　　Two, the jurisdiction question

1 when Su Chun is mandatory measures taken by public security organs, Su Chun's wife Guo Haiping to the police station to ask just know Su Chun alleged disclosure of commercial secrets, by Guo Haiping lawyer and lawyer Yang met with know involving up to 24000000 yuan.

As everyone knows, involving up to 24000000 yuan of the case, not the general case, belong to the major cases, as a small station what qualifications to Su chun to criminal detention.

2 policemen told Guo Haiping to the police station with the investigation, according to the "law of criminal procedure", the suspect was forced to take measures or after the first interrogation, the suspect was taken to jail. Then, the Su Chun for trial should be the examination department of the public security organ, rather than the police station. The police station as the agency of the public security organs, there is no rights of criminal suspects and their close relatives for trial, investigation.

   Three, title

Su Chun detained by public security organs, Guo Haiping introduced by friends hired a lawyer Yang, "agreement" signed by the legal aid lawyer Yang, met with Su Chun, to understand the. Lover, Guo Haiping sister Guo Haizao Song Siming, through his relations, for Su Chun and find a lawyer, "Shen lawyer".

May be the Hong Kong Film screenwriter and director to see too much reason, on the Chinese lawyer system doesn't understand, most probably it did not actually happen to Chinese lawyer is divided into "bar" and "small law". But our country "lawyer law" No lawyer, lawyer of small, but the law stipulates "refers to obtained a lawyer's practice certificate according to law, authorized or designated, to provide legal services for a client practitioners."

Four, the authorization problem

Song Siming, Su chun to find a so-called "lawyer" - Shen lawyers, in the absence of Su Chun and commissioned Haiping Su Chun wife Guo authority, should consult the files, information on the case, met with Su chun!

According to China's "criminal law", "law" and "Legal Aid Ordinance" requirements, the lawyer only accept criminal suspects, defendants and their close relatives of the commission or the people's court, the legal aid institutions named after, will have the right to know the case, to meet the criminal suspect, the defendant, to apply for bail, generation for complaint, accusation, right.

Five, marking the problem

In the play, Shenda law is really "have great magic power", in the absence of any permission, can not only understand the case, met with Su Chun, moreover, can consult the files! And, appointed his assistant to the lawyer Yang there "certiorari"!

According to the "law of criminal procedure", "lawyer law" provisions, the case on file for investigation stage, the public security organ files belong to the national secret, don't allow lawyers to. The case only entered the stage of review and prosecution (prosecutors) or the trial stage (judicial), lawyers will have the right to consult, extract the judicial documents and archives and copy with the case of.

Six, registration problems

Su Chun case from detained by public security organs, Guo Haiping was first hired lawyers understand the case, met with Su Chun; and then, "Shen lawyers" in the case, the calculated from the time, about 10 days.

However, the lawyer Yang, "Shen lawyers" and Song Siming's conversation, we can see, the case has not yet "file" file! What!? is the public security organ to Su Chun detained for about 10 days, lawyers have met 2 times, were not called for, what is called the vertical case?

Seven, withdrawing issue

In the play, Song Siming in order to put people in the objective, take the initiative to find Su Chun company boss, mobilization, withdrawal. Su Chun, Song Siming due to the powerful, withdrawal, finally, Su chun to release.

But, according to the "criminal law" provisions of the crime of infringement of business secret, do not belong to private prosecution cases (e.g., intentional injury causing minor injuries, abandoned, occupation and illegal encroachment etc.), since he does not belong to a case of private prosecution, Su Chun, what qualifications for withdrawal? And what are the rights of the public security organ is not legitimate, and the case? Not reasonable.

　Eight, the guarantor problem

In the play, she said to Guo Haiping, according to the understanding of the situation, Su Chun involving up to 24000000 yuan, according to the "criminal law" provisions, resulting in serious losses, is less than three years imprisonment or criminal detention; if the consequences are especially serious, department for more than three years to seven years in prison.

According to the "law of criminal procedure", "about the bail several provisions of the" regulations, bail has a very strict conditions: (1) may be sentenced to public surveillance, detention or independent additional penal apply; (2) may be sentenced penalty above, take bail, not cause social danger; (3) should be arrested the suspect who is suffering from a serious disease, or are pregnant, breast-feeding their babies of less than one year old women; (4) on the detention of criminal suspects, the evidence does not meet the conditions for arrest; (5) after the arrest, prosecution not to approve arrest, need reconsideration, review; (6) the criminal suspect in custody cases, it cannot be completed within the statutory time limit, the need to continue the investigation; (7) to the prosecution, prosecutors decided not to prosecute, need to review, review.

Seven, withdrawing issue

In the play, Song Siming in order to put people in the objective, take the initiative to find Su Chun company boss, mobilization, withdrawal. Su Chun, Song Siming due to the powerful, withdrawal, finally, Su chun to release.

But, according to the "criminal law" provisions of the crime of infringement of business secret, do not belong to private prosecution cases (e.g., intentional injury causing minor injuries, abandoned, occupation and illegal encroachment etc.), since he does not belong to a case of private prosecution, Su Chun, what qualifications for withdrawal? And what are the rights of the public security organ is not legitimate, and the case? Not reasonable.

　Eight, the guarantor problem

In the play, she said to Guo Haiping, according to the understanding of the situation, Su Chun involving up to 24000000 yuan, according to the "criminal law" provisions, resulting in serious losses, is less than three years imprisonment or criminal detention; if the consequences are especially serious, department for more than three years to seven years in prison.

According to the "law of criminal procedure", "about the bail several provisions of the" regulations, bail has a very strict conditions: (1) may be sentenced to public surveillance, detention or independent additional penal apply; (2) may be sentenced penalty above, take bail, not cause social danger; (3) should be arrested the suspect who is suffering from a serious disease, or are pregnant, breast-feeding their babies of less than one year old women; (4) on the detention of criminal suspects, the evidence does not meet the conditions for arrest; (5) after the arrest, prosecution not to approve arrest, need reconsideration, review; (6) the criminal suspect in custody cases, it cannot be completed within the statutory time limit, the need to continue the investigation; (7) to the prosecution, prosecutors decided not to prosecute, need to review, review.