Research On The Determination Of Major Losses In The Crime Of Infringement Of Trade Secrets

With the fierce market competition and the huge commercial value of the business secrets, many difficult problems in the crime of infringement of commercial secrets, such as the definition and identification of major losses, are not unified in the legal and practical issues, even though they are more and more, and the difference is more important. Authorities calculate methods differ, even in the same cases there are a variety of criteria calculated methods coexist in the chaos.In many of the previous works and judicial practice approach to accurately identify the major loss provide effective help, but some is too abstract and theoretical ascertainment schemes lack of operability, and all currently single cognizance standard and calculation scheme in applicable circumference of defects, only for some types of cases, not fully consider all kinds of factors which influence the identified significant losses, not according to different case is significant loss of all identified mode and calculating method of the digest.This article combs currently significant losses identified factors, identification criteria, method of calculation, there are of the confusion and controversy, focusing on analysis and research problems, of the present calculation method of rationality and existing disadvantages one by one reflection, to further clarify the verification of material loss and calculate the factors need to be considered, distinguish the various calculation methods applicable conditions and CIS, against violations of commercial secrets case four different types, to put forward more circumspect comprehensive confirmation and calculation method of and look forward to similar problems in the reality of the solution to some reasonable and positive meaning.