Analysis Of Peng’s Infringement On Trade Secrets

In this article,we carefully combed the basic facts,judgment results,and reasons of Peng’s infringement on trade secrets,and focused on whether the technical information and operating information used by the defendant Peng belonged to the trade secret of a company in Guiyang and the behavior of the defendant Peng.Whether to cause the major economic loss of a company in Guiyang to demonstrate and discuss the two focus issues;this led to a specific elaboration of the legal thinking on the definition of the scope of commercial secrets in the crime of infringement of commercial secrets and the reconstruction of the criteria for the identification of major losses.This article is mainly based on case analysis methods.At the same time,based on the collection of a large amount of relevant information and information,the argument materials that support the central point of this article are summarized.At the same time,the comparative analysis method is used to define the concept of trade secrets in Chinese and foreign legislation and the major losses.The content and calculation methods are compared to find out where our country should learn from and improve the issues of defining the concept of trade secrets and determining the scope of significant losses.This article points out that whether technical information and business information are trade secrets is a prerequisite for determining the crime of infringing trade secrets.Therefore,the scope of trade secrets should be clearly defined in order to more accurately and effectively combat the crime of infringing trade secrets.The scope and method of loss have not yet met the demand for solving this problem in judicial practice.Therefore,it is necessary to reconstruct the calculation range and method for the major loss in the crime of non-single infringement on trade secrets.Based on the principle of modest restraint in criminal law,this article attempts to reconstruct the scope of calculation of "significant losses" in accordance with material loss standards,and hopesthat this immature understanding will have a positive impact on judicial practice.