The Conflict And Balance Of Trade Secret Protection And The Protection Of Labor Rights

The people of the world gather together for interest, separate for interest too. Both the development of human beings and the social changes can not be separated from the interest drive. In the huge social system, there are a variety of interest groups. Interest is always in the game. In order to balance the interests of all parties and keep the society in a relatively stable state, the law has played an important role both in coordination of social relations and responsibility of balancing the interests. A conflict between the trade secret protection and the protection of labor rights is one of the thousands conflicts. But our research on secret business started relatively late and the related theoretical formation is not mature. Therefore, the defects of the system show without involuntary discharge of urine in practice and the conflict of the protection of trade secrets, the rights and interests of the workers may be getting worse. So, to strengthen and improve the legal system construction, safeguard the rights and interests of workers, the commercial secrets of the balance of the two interests and conflicts have become a major issue in judicial practice and theoretical research.This article besides the introduction and conclusion, the text discussed in accordance with the "introduction to conflict of interest and balance"--Summary of "the protection of business secret and the conflict of interests"--"conflict of interest" commercial secret protection and workers--"system concept" conflict of trade secret protection and the rights and interests of workers in China’s ideas.The first part from conflicts of interest and the interests of balancing objectivity and balance the interests of trade secret protection in the trend of three aspects discussed. On this basis, in order to protect trade secrets depth research interests in the context of conflict and balance problems.The second part discussed the analysis of case, conflict problem, and the protection of business secret and public interests, and also referred to the interests of competitors. Interests are related to each person’s survival. So in this complex pattern of interests, we should timid and overcautious to the interests of all parties, as far as possible so that the interests of all parties to reach equilibrium, if we want to appease social unrest.The third part of this article focuses on the problem of the law. It is popular because the law is used to protect the strong ones. Black had also said similar words. The protection of trade secrets has enthusiasm for the protection of those constantly innovative people. But the right of unlimited expansion make conducive to the use and the dissemination of knowledge, but also make a serious violation of the rights of the vulnerable groups of workers. As with the second part of the writing style, the author will elaborate the case content. Infringement of the rights and interests of the workers and the protection of business secrets is mainly caused by the agreement of prohibition of business strife and confidentiality. Therefore, this part illustrates the conflicts; try to balance the protection of workers’ rights against the trade secrets of two angles. These angles are about prohibition of business strife and confidentiality agreement.The fourth part surmised the above three parts, dig out the protection of trade secrets in China and labor rights conflict root. Nowadays, Chinese business secret protection and the labor rights protection system has defects, and can not find the equilibrium point in practice. Under that background, the author puts forward her own opinions about the systems and theoretical suggestions.