Research On Calculation Method Of Polarization Characteristics For Empirical Study On The Crime Of Infringing Trade Secrets

With the advent of the era of globalization and informatization,intellectual property has increasingly become an important manifestation of a country’s comprehensive national strength.In today’s knowledge-based economy with technological innovation as its core competitiveness,the innovation and development of intellectual property can give enterprises of all countries bringing huge commercial value and competitive advantages.Under the realistic background of market economy construction and gradual fierce competition,intellectual property infringement and crime cases have shown a linear growth trend.Criminal law protection of intellectual property rights has become a necessary means to maintain a stable and orderly operation of the market economy and maintain a good market competition environment.The formation of scientific and complete criminal law protection for any right or social relationship is not achieved overnight.As a special intellectual property right,trade secrets in China are constantly being improved.At the same time,there are still certain defects,which cause a certain degree of judicial application difficulties.The author will focus on the judicial application under the existing legal protection system,analyze and demonstrate difficult problems in judicial application,and make corresponding suggestions for judicial protection of trade secrets in China plus a scientific and rational path to provide appropriate practice material for the formation of the legal protection of trade secrets system.This article is divided into five chapters: Chapter One introduces the background,purpose and significance of the research on the crime of infringing trade secrets in China and the legislation on criminal protection of trade secrets at home and abroad.Chapter Two the data and tables are used to clarify the judicial protection of trade secrets in China.Chapter Three explores the identification of the crime of infringing trade secrets in judicial practice and the main problems in the litigation process,that is,the difficulties encountered by judicial staff in the process of determining trade secrets;The issue of the use of diversified calculation standards for the amount of significant losses;Problems existing in the path selection of civil secret protection of trade secrets.Chapter Four: In the process of analyzing the problems existing in the judicial application of the protection of trade secrets,seeking the judge’s criminal justice protection rules and principles that should be considered by the judges in the trial of criminal cases of trade secret infringement,proposed corresponding solutions to the problems of judicial application raised in Chapter Three.Chapter Five summarizes the contents of the above four chapters.