On "Significant Loss" Of Factors In Crime Of Infringing Trade Secrets

At present,taking “significant loss” as the only criterion on identifying criminal or non-criminal,China's “Criminal Law” sets the crime of infringing trade secrets as the result crime.Under this kind of legislative mode,responsibilities in preliminary act and attempted act of infringing trade secrets,cannot be pursued.Moreover,as one of the factors in crime of infringing trade secrets,“significant loss” has some limitations such as unclearness in connotation and scope,and vague of identification criterion in terms of legislation,judicature and legal basis,which has seriously influenced the effects of the crime of infringing trade secrets.This paper starts with the identifying situation of “significant loss” in the crime of infringing trade secrets,analyzing the reasons for its under-implementation.With some foreign references,the paper discusses the expected state of “significant loss” in the crime of infringing trade secrets,comparing the advantages with disadvantages of discarding and reconstructing the factor.On the basis of existing legislative framework,we believe that “significant loss” in the crime of infringing trade secrets should be reconstructed.Accordingly,with the writer's thoughts,it is intended to make some useful suggestions for pursuing infringement of trade secrets by Criminal Law.