On The Conflict And Balance Between The Enterprise Credit Checking And Commercial Secret Protection

Market economy needs the enterprise credit checking, and also needs to protect the enterprise commercial secret, the enterprise credit checking and the enterprise commercial secret are both the important parts of market economy. The modern market economy has been charactered by credit trade. Develop the enterprise credit checking in and build perfect law system for the enterprise credit checking is necessary request for market economy development. The enterprise credit information is the object of the enterprise credit checking activities; it includes the commercial secret of the enterprise. Commercial secret, as an intangible asset with great economy value, has been increasingly the object of infringement and breach of contract. Therefore, it is a must to further the research on commercial secret protection in order to promote commercial secret protection legislation improvement. There are some partial superpositions between the enterprise credit checking and commercial secret protection on the object of right ,and the purpose of the enterprise credit checking which is information publicity contradicts the purpose of commercial secret protection which is information secrecy, and thereby this situation brings on the conflicts of the enterprise credit checking and commercial secret protection. There's still no clear law system to balance the conflict between the enterprise credit checking and the commercial secret protection. However, the enterprise credit checking and commercial secret protection are both exist in a market economy, they need coequal protection, it is not good for the development of the enterprise credit checking or the protection for the commercial secret if the conflict between them is not solved. Therefore, this article, in accordance with the idea of " raise question -analyze question ~ solve question", trying to seek the equilibrium point of the conflict to solve the conflict via improving the lawmaking system for the enterprise credit checking.In this article, we'll start from the current lawmaking status of the commercial secret protection in the enterprise credit checking system, analyze the realistic problem that is existing in the enterprise credit checking system via demonstration research method, and find out the sticking point between the enterprise credit checking and the commercial secret protection, and then use the overall analysis method of dialectical materialism to carry out the detailed thorough analysis for the conflict between the enterprise credit checking and the commercial secret protection from phenomenon to essence, propose the three principal and methods to balance the conflict, repair the loss base on elaborating the both coexisting principle, and then use comparison and model way to discuss the advanced way which Occident countries use for handling this conflict, which provide the inspire of lawmaking system for balancing the conflict between the enterprise credit checking and the commercial secret protection. And in the last part, we take consummates the enterprise to draft the letter legal regime as the angle of view, proposed the concrete system conception for balancing the conflict between the enterprise credit checking and the commercial secret protection in our country from five sides. In which, the first four sides emphasize to prevent the conflict come into being beforehand, while the last conception emphasizes the improvement for the almsgiving system afterwards. The preventive measures are mainly from the commercial secret connotation and with the enterprise credit information relations' limits,the credit inquiry agency's rights and the obligations, the enterprise's right to know and the objection power, the supervision organization's supervision duty four aspects to prevent the conflict production; The almsgiving system afterwards is mainly from the infringement liability, the damages compensate standards and turns over to the responsibility principle three aspects to carry on the consummation. Respectively from preventive measures against with afterwards provide reliefs two aspects to carry on the conception is to enable the enterprise credit checking and commercial secret are equal and effective protection,so that causes the interests of all parties to obtain balanced, causes the enterprise credit checking system to be able to display the effect fully in the market economy, enables the enterprise commercial secret to display its value function well.