Abstract
The Criminal Law Amendment (11) changes the criminalization standard for the crime of infringing trade secrets from "causing significant losses" to "serious circumstances", but the essence of the boundary between crime and non-crime is still whether "significant losses have been caused". By comparing the four mainstream theories and representative extraterritorial legislation, this paper analyzes from four dimensions: implementation feasibility, economic benefits, scope of application, and application possibilities. The profit method is the profit method to calculate the optimal calculation method for measuring the amount of loss caused by trade secret infringement that best suits China's national conditions.
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