The Research Of Trade Secrets' Crime Results And Calculation Method

In the Criminal Law of 1997, the criminal of violations of trade secrets is established. However, as the complexity of trade secrets of crime, judicial interpretations are lagging, In judicial practice all localities and departments greater understanding of differences。Therefore criminal violations commercial secret study have important practical significance。First this paper analyzed the harm results and the patterns of crime of trades secrets。Expounded the meaning of the harm results and constitute a commercial secret crimes against results to be achieved。The patterns of crime that criminal violations of trade secrets exists only crime completion of the patterns of crime,also explained the reasons。Second this paper analyzed the loss calculation method of violated trade secrets。First described in practice common method of calculating the loss。Then focused on the loss calculation method,Thinks the loss calculation method must be simple, direct, easy-to-use。One can according to the research and development costs of trade secrets and the reality of interest; two can according to the sales of infringing people multiplied by the average profit of the rights people; three can according to the permission to use fees of the trade secrets。Then infringement of the product sales can be calculated based on a loss of rights,。With the specific cases of infringement on the question of selling their products can not be used as the basis for the loss of human rights point of view。The last analysis the loss calculation from the time when they will start to the end。...