The constitutive elements of the crime of infringing trade secrets are:
 1. The object elements are the right to trade secrets and the normal and orderly market economic order protected by the state;
 2. The objective element is that the act of infringing trade secrets has been carried out and caused heavy losses to the obligee;
 3. The main element is the general main body;
 4. The subjective element can only be intentional.
 [Legal Basis]
 Article 219 of the Criminal Law: Whoever commits one of the following acts of infringing trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined:
 （1） Obtaining the obligee's business secrets by theft, bribery, fraud, coercion, electronic intrusion or other improper means;
 （2） Disclosing, using or allowing others to use the trade secrets of the obligee obtained by the means mentioned in the preceding paragraph;
 （3） Disclosing, using or allowing others to use the trade secrets they hold in violation of their confidentiality obligations or the obligee's requirements for keeping trade secrets.
 Those who acquire, disclose, use or allow others to use the trade secret with full knowledge of the acts listed in the preceding paragraph shall be regarded as infringing trade secrets.
 The obligee mentioned in this article refers to the owner of trade secret and the user of trade secret approved by the owner of trade secret.