Protection On Trade Secret And Perfection Of The Related Legal System Of Our Country

With the rapid development of the international trade,trade secret tort disputes arise frequently in the judicial affairs. However, because knows to the conception and construction of trade secret are inconsistent, as well as the trade secret torts are secret and the complex, recognize it become relatively difficult. At the same time, behavior infringe trade secret often lead the obligee to lose the competitive advantage,and effect its production management,.But concerning legislation is more abstract than operational,the judicial relief is insufficient to protect the obligee. Therefore, we should strength the trade secret protection research,impel progress of the judicial practice in this aspect, it will be very useful to powerfully protect the obligee 's legitimate rights and interests, defend the fair competition in the market economy , and promote scientific and technological development .This article compares 3 ways to illustrate the concept of trade secret and the different stipulation about the constitution of trade secret by various countries.On the basis of this,it recognizes our country's Law against Unfair competition adopts the summary method,which is the same with Japan.As to the stipulation about the constitution of trade secret,we should comply with international convention,that is "secret, valuable, confidential".The various countries also have different way in recognizing trade secret tort,trade secret legal protection pattern as well as legislation about tort relief .While explicitly stipulated three ways of trade secret tort,our court has also formed "the contact adds similarity" principle in the trial practice, thus realizing the balance between the benefit of the parties. At the same time, our country doesn't have the special trade secret law, the stipulations concerning trade secret legal protection only disperse in the several related law, the legal liability including civil , criminal administrative liability. Trade secret tort relief system should be improved.On the foundation of the analysis about the basic theory of trade secret, this article proposes some suggestions on improving legal system about trade secret of our country , namely formulates a Uniform Trade Secret Law, further stipulates the concept ,constitution and the extent of protection of trade secret, revises compensation standard and sets up the punitive indemnity system, perfect trade secret tort relief system,stipulates th injunction relief system, adds stipulation on competition, makes the explicit stipulation about the legal liability undertook by the employee who violates his responsibility to keep the trade secret of the company, adds the stipulation about how to protect trade secret which provided to the government department,improves the legislation on the protection of trade secret on the Internet.Meanwhile,we should carefully deal with the relationship between Law on Trade Secret Law Protection and related act,set up the perfect legal system to protect trade secret.