The Study Of The Proof Standard Of Business Secret Tort

Business secret is the technical and management information that is the practical and unknown information to public and could bring economic benefits and be protected by obligee. Business secret has the character of intangible property, the obligee has the property right of it. Currently, all the counties set laws to protect business secret due to the important role of it. In China, with the incompleted-market economy, an increasingly competitive business and competition, there are more and more offences and lawsuits against business secret.Standard of proof is the extent of case facts in lawsuits, which means the burden's of proof carry the responsibility of proof to the extent and fulfill it, otherwise he will bear the adverse consequences of lawsuits. In British and American legal system, the standard of proof of civil action has the preponderance of probability, balance probability on proof and preponderance of evidence, balance probability on proof is mostly used by Britain and preponderance of evidence is adopted by America. In continental legal system, the inner conviction system has the character of preponderance of probability in the standard of proof of civil action. In our country, we carry out the objective truth and unification of the test of proof, which is the uniform standard of proof of criminal procedure, civil action and administrative procedure law. The standard is clear fact and abundant evidence. The Rule of 73 in Several Provisions of the Supreme People's Court on civil action has stipulated the standard of proof, it is the first confirmation of it by our judicial interpretation, which can be thought as the standard of proof with the preponderance of probability in our civil action.In our country, we don't have the special lawmaking of business secret and law of evidence, there are some administrative regulations in Law of the People's Republic of China for Countering Unfair Competition, contract law and criminal law. On trade secret infringement, from the profession of the author as a lawyer, I analyze the standard of proof in Britain and American legal system, our county's civil action, and trade secret infringement. I put forward my own understanding and immature suggestions on some problems in judicial practice and the improvement of business secret tort.