The Business Secrets Protection Of Listed Companies

With the development of economic modernization and globalization, the importance of business secrets in economic life has grown increasingly. So more and more countries begin to attach importance to the protection of business secrets. Especially for listed companies, the business secrets contains great potential of economic value and competitiveness. Information is an important carrier of business secrets for listed companies. However, in the process of the information being generated, disseminated and used, people are always facing contradictions, one of which is the conflict between the information confidentiality and disclosure. The one between business secrets protection system and information disclosure system of listed companies is just the concrete exemplification. The purpose of business secrets protection system of listed companies is to identify the legitimacy of listed companies' technology and economy informations, severely to punish the offense that the business secrets of listed companies being infringed, to encourage innovation by promoting the paid dissemination of the business secrets of listed companies, and ultimately to protect the legitimate rights and interests of the listed companies. While, the purpose of the information disclosure system of listed companies is to regulate the management and operation of listed companies, to make the information that may affect the investors' rational decision-making to the public, to ensure the investors' rational investment, and ultimately to protect the investors' interests. The difference of the purpose of legislation has led to the differences of legal principle, legal content and juridical practice between the two. The conflict between the business secrets protection system and information disclosure system of listed companies is substantially the one between the business secrets rights and the rights to know of shareholders. This essay is to find the theoretical basis and the only way for business secrets protection of listed companies by analyzing the performance, source causes and essence of the conflicts mentionedThis essay can be divided into three parts:The first chapter begins with a "Hangxiaoganggou" case , then analyzes the provision and the lack of business secrets protection of listed companies in China .On this basis, I find there is a conflict between the business secrets protection of listed companies and information disclosure system. The conflict reflects in four aspects, such as legal concepts, legal principles, the specific content and Justice. Finally, I summarized as three major causes of the conflict generated by that source of legal value, shareholder's right to know the causes and source of cost-benefit analysis.The second chapter is though the angle of the conflict coordination to propose the theory basis of business secrets protection of listed company. Firstly, I analyzes the nature of conflict between business secrets rights of listed companies and the rights of shareholders to know, and also the conflicts of the interests of the company and personal; Secondly, I proposed the theory and reality basis of business secrets protection; On this basis, proposed the necessary restrictions on the shareholders'right to know; Finally, some opinions of shareholders'right to know under the protection of business.The third chapter is the angle of the legislative proposals to the business secrets protection of listed. Discussed including the value of establishing the correct orientation of legislation to address the listed companies theoretical basis for business secrets protection; defined the contents of shareholders'right to know to solve the conflicts between the business secrets protection of listed company and the right of stockholder to know; specified the elements of the shareholders to exercise the right to information and reduce the violations the listed company's business secrets; established the responsibility of the shareholders the right to know system, resolve the question of using the business secrets protection as a pretext to damage the shareholders right to know; improved the relief channel of shareholder's right to know, to avoid litigation process leakage of business secrets.