On The System Of Legal Protection Of Business Secret In China

The fact, in our country by now, is that the legal protection of business secret is still a new task for us all, that many practical activities related to business secret are plunged into serious problems and severe conflicts and that there is still a long way for the related theory research to be conducted deeply By probing into the basic theories of die legal protection of business secret referring to TRIPS and using for reference the related regulations of England, America, Japanese and oilier countries, the article aims ax expounding and proving die legal protection of business secret, as well as offering individual ideas and viewpoints on it.Now we began to concern the issues of business secret Protection, until now the legal system in this field has not established Properly in our country. Due to the limitation such as legislative skills and experiences the legislations of business secret law is not satisfactory; the legal system of business secret is defective and not sufficient to protect business secrets. The function of business secret law to protect legal interests of businesses has not brought into full play. No relief right is not true right. The legal relief refers to resolving the right conflict by law. The legal relief of business secret protection is one kind of basic order ruled by law in order to protect the business secret.The relief system of business secret in our country now, in the legislation it also has place of the distribution, the style is not dispersible, the content is too general, had not emphasized the government department who should undertake certain security duty, safeguard measure also waits for consummation in the lawsuit. The business secret has not strict control, but the latent value of business secret had decided the behavior of infringing business secret occurring unceasingly, but the existing legal relief method of infringing business secret was still insufficient to encroach upon the illegal activity of business secret, therefore, it is inevitable to increase the punitive compensation responsibility of business secret. The issues on burden of proof in the lawsuit of infringing business secret, it is suggested the principle of the inverted burden of proof. Commercial secrets will play an important role in the development of market economy in China, to improve our legal system of protecting commercial secret, it is urgent needs for us to study and promote business secret protection.This lecture discuss the underlying principles including the definition of business secret, the range and the necessary conditions of business secret, business secret tort the relieve of tort and so on. In this paper ,a elementary conceive about how to perfect our countries legal system of business secret protection is drawn by using for reference to foreign advance practices. I hope it would be useful to our business secret protection legal system and the judicature practices.