The Conflict And Coordination Between Environmental Information Disclosure Of Corporation And Trade Secret's Protection

Environmental information disclosure system arises along with advocate Sustainable Development, low performance level of traditional environmental management tools and Corporate Social Responsibility theory's development. It is described as a new environmental protective management after mandatory control means and economic means. Nevertheless, a competitor can combine environmental information from disclosure system under different reports to obtain secrets, because of it contain so many messages have something to do with companies'productive process, formula and characteristic of products, which has made quite big impact on the protective system of trade secret.It sees that the two system of environmental information disclosure and trade secret protective have uniformity in standard of value , and complementation to each other. Actually, corporations not only can be satisfied its interior requirement but also can help it to seek maximum profit by disclosure environmental information. We need to strike a optimum balance between the interests of industry and those of the public by dynamic correcting means. Excepting coordinate the concept of values of both parties, improve and perfect existing laws is necessary.First, definite the obligation of disclosure'environmental information of corporations in Security Law, enhance administrative departments'management in order to protect community's right to know. Second, institute a special mandatory disclosure cause in Law of Trade Secret, restrict corporation's abuse of trade secret right. Persists in maintain secrecy and revelation will be the exception principle for the purpose of prevent optional disclosure. Third, protect trade secrets from illicit competition such as infringement of business spy by Law for Countering Unfair Competition and correlative judicial explanation. Finally, draw on the experience of external successful experience to improve our program to resolve disputes, strike the balance by protection and restriction of right.