Study On The Legislation Of “Heavy Loss” In The Crime Of Infringing Trade Secret

The goal of building a well-off society in an all-round way leads the rapid development of China’s economy.In this process,the state pays more and more attention to the protection of trade secrets.Due to the fuzziness of relevant legislative provisions and the complexity of the cases themselves,such cases have fallen into a complicated dilemma in practice.It is a practical need to regulate them from the legislative level.By sorting out the relevant norms for the identification of "significant loss" in the crime of infringing on trade secrets,this paper makes a theoretical analysis of the text,and puts forward its own thinking on the basis of the current legislation,in order to better serve the judicial practice.First of all,the identification norms of "heavy loss" in the crime of infringing trade secrets should be started with.Through sorting out the current provisions of the Criminal Law,the provisions of the Supreme People’s Procuratorate and the Ministry of Public Security and the judicial interpretations of the two high courts,it is found that the provisions of the Supreme People’s Procuratorate and the Ministry of Public Security and the judicial interpretations of the two high courts before 2020 have not clarified the basic connotation,calculation method,determination factors and scope of the major loss.The Interpretation on Several Issues Concerning the Specific Application of the Law in Criminal Cases of Intellectual Property Infringement(III)in 2020(hereinafter referred to as the Interpretation on Intellectual Property Infringement(III))stipulates the identification and calculation methods of "major losses" in cases of infringement of trade secrets,and improves the criminal protection mechanism of trade secrets.Secondly,it analyzes the relevant norms from different angles and sorts out the problems in five aspects.Among them,the connotation definition of major loss is unreasonable,the connotation definition of major loss is unclear,and the connotation limitation of major loss is improper.The identification method of major loss is not specific,the identification method is incomplete and the identification method is not classified;The identification sequence of major losses is not clear;The calculation method of heavy loss is not standardized,specifically for the improper calculation of the total amount of sales reduction,and the calculation standard of reasonable profit is vague;In addition,there is a lack of identification norms for major losses,and the loss of new forms of trade secrets and new behaviors violating trade secrets in the digital economy era cannot be identified.Thirdly,Again,the paper probes into the causes of the five problems.The cognition of the specific content of the major loss is not unified,and the consideration factors for the determination of the major loss are not consistent;The types of different forms of trade secrets are not observed and the functions of different forms of trade secrets are not affirmed.There is a dispute between the amount of loss and the determination of illegal income;In the calculation of sales volume reduction total lack of deep thinking,reasonable profit lack of accurate understanding;The new forms of trade secrets are not faced up to,and the new problems of loss identification are not paid attention to.Finally,combined with normative analysis and practical experience,this paper puts forward corresponding suggestions for the identification of "heavy losses" in the crime of infringing trade secrets.That is,to define the exact connotation of major loss,refine the identification methods of major loss,clarify the identification sequence of the amount of loss and illegal income,standardize the calculation methods of major loss,and increase the identification provisions in the era of digital economy,and carry out from these five perspectives,in order to provide some reference for relevant legislation.