1. The former can only be intentional subjectively, and the perpetrator often has the criminal purpose of seeking illegal interests or avoiding losses subjectively, while the latter can be intentional or negligent.
2. On the subject, the former includes insiders and non-insiders, not all of whom are staff of state organs, while the latter can only be staff of state organs.
3、
On the object of crime, the former infringes on inside information, the specific scope of which is determined by laws and administrative regulations, not all of which belong to the category of state secrets, while the latter infringes on state secrets, including national defense, diplomacy, legislation,
Matters that should not be made public in the fields of justice, finance, economy, science and technology include all state matters that have not been decided or have been decided but have not been made public, as well as all documents, telegrams, letters, materials and systems involving state secrets.
Planning, organization, preparation, warehouse, etc. Obviously, the former has a smaller scope and a lower degree of confidentiality.
4. The former objectively refers to the behavior that the actor uses inside information to trade securities and futures or leaks inside information in violation of relevant laws and regulations of securities and futures, while the latter refers to the behavior that the actor intentionally or negligently leaks state secrets in violation of laws and regulations of state secrets. In addition, the imaginative concurrence of insider trading, the crime of leaking inside information and the crime of leaking state secrets will also occur in practice.