Study On Several Problems Of The Crime Of Infringing Trade Secrets

China has overtaken japan as the world’s second largest economy since2010.meanwhile,With the rapid growth of China’s economy, the cases of infringement of trade secret are also increasing between our enterprises. So the study on the crime of infringing trade secret is still of great significance. This paper starts from the criminal law219stipulation, attempted a comprehensive analysis of the crime of infringing trade secrets. This article divides into four parts. The first part, the object of understanding the crime of infringing on business secrets-commercial secret. This part begins with the economic of commercial secret, elaborates The criminal legislation on the necessity of legal protection containing China and other countries in the world, Focus on the constitution of commercial secret. The second part, elaborates the crime of infringing trade secret infringement of objective elements of business secret behavior. This part mainly elaborates infringement of business secret crime types, cognizance, criminal sanctions against the infringement of commercial secrets limitation of classification of infringing business secrets in our current criminal law. The third part, analysis the understanding of "Significant loss".this part mainly disscusses four problems including:some problems which must be clarified before the correct understanding,identificationg based on different behavior mode loss,causes of problems in judicial practice.The fourth part, analysis the subjective elements of the crime of infringing trade secret.discusses weather The crime is an intentional crime and negligent or both.