Business Confidential Legal Relief Study

No relief fight is not true right. The legal relief refers to resolvingthe right conflict by law. The legal relief of business secret protection isone kind of basic order ruled by law in order to protect the business secret.Researching on these system of business secret relief, it is necessary tocarry on the analysis from contract theory of business secret relief, thedelict theory, the property right theory. The essence of contract theory liesin exerting prevention of contractual responsibility and punishing thebehavior of infringing business secret, but it is unable to resist the thirdhuman of behavior of infringing business secret; the delict theory isdivided into two parts of destroying classified relations andcounter-competes, the theory the destroying classified relations thinks theauthor must undertake the responsibility because of divulging and usingbusiness secret; but the sphere of application of theory has certainlimitation because of depending on the classified relations excessively;the theory of counter-competes thinks that it harms the normalcompetition to use other person's business secret without the permission,in order to maintain the transaction order of fair competition it mustpunish the human who infringed the business secret, the theory isemphasis on maintaining the entire market economy order of faircompetition not relying on the classified relations; The property righttheory regarding the business secret as some kind of intellectual propertyrights or the invisible property right, gives the business secret by the legalprotection of property rights. The property rights had affirmed theproperty rights attribute of business secret, it has provided the feasiblerationale for the use and transaction of business secret, it causesinfringement of business secret applying on not only contractual liabilityalso infringement responsibility, thus it causes the potency scope ofbusiness secret power extended from contract relative part to the thirdperson, and consummated the protection of business secret. Japan "UnfairCompetition Prevented Law" had stipulated the connotation of business secret, the infringement body, principle of being attributed responsibility,and shape of infringement and so on, it's mainly requesting stop behaviorand the damage compensate in method of infringement relief; In 1993, itrevised this law, and increased criminal responsibility provision ofbehavior of infringing business secret. US "Unification Business secretLaw" has made the standard on the business secret variously from thecivil law angle, it has stipulated the meaning of business secret, behaviorof infringing business secret, the relief way of business secret and thelegal liability and so on, when to request protection of business secret bylaw, it depends on not contract theory, also infringement theory. The reliefsystem of business secret in our country now, in the legislation it also hasplace of the distribution, the style is not dispersible, the content is toogeneral, had not emphasized the government department who shouldundertake certain security duty, safeguard measure also waits forconsummation in the lawsuit. The business secret has not strictcontrollability, but the latent value of business secret had decided thebehavior of infringing business secret occurring unceasingly, but theexisting legal relief method of infringing business secret was stillinsufficient to encroach upon the illegal activity of business secret,therefore, it is inevitable to increase the punitive compensationresponsibility of business secret. The issues on burden of proof in thelawsuit of infringing business secret, it is suggested the principle of theinverted burden of proof. Commercial secrets will play an important rolein the development of market economy in China, to improve our legalsystem of protecting commercial secret, it is necessary to establishunified business secret protection law faster.