Research On The Conflict Between Food Operators' Right Of Trade Secrets And Consumers' Right To Know

Consumer right to know is that consumers have the rights to know the true, full and accurate information about their goods or services when they buying and using them. Consumer right to know as the fundamental right of the consumer's right system, it is the prerequisite and guarantee of other consumer's rights. Meanwhile, the food operators'right of trade secrets was defined as an exclusive right of trade secrets that the operator have. The trade secrets can bring a real or perceived competitive advantage and economic interests. Between these two civil rights, the reason of coming into the conflict that both from the legal rights is ambiguous and cross-border presence, but combined with the status of the food industry, both the expansion of the rights to show the trend is also exacerbated the conflict between the two the real causes. The right to food operators and consumers to know trade secrets embodied in two levels of conflict, that conflict between personal interests, personal interests and the conflict between public interest, mainly because consumers have a private right and the right to know the properties of the public interest decision. Combined with the Characteristics of food confidence the nature of identity This article think that between the two conflicts mainly in three areas, namely, information on food business operators identify and inform the general, the food traceability system, and food information systems in uniform announced. The right to food operators and consumers to know trade secrets conflict resolution principles. On one hand, through defining the two rights'boundary between to solve the rights'problems of fuzzy, on the other hand, the proposal for the reunification of the commercial secrets of the corpus of the premise, establish commercial secret disclosure system, make up for the public interest of business secrets of the limitations of the system. Structurally, the article is divided into four parts:The first part is the food business operators and consumers the right to know the secret to a general description. First, the right to food business operators trade secret nature of the content and analysis. Introduced the concept of trade secret rights and trade secrets as its object the content, form elements, in particular, that food business operators trade secrets owned by the major concrete form. Also on food business operators trade secret rights, and analyze it as property rights, is an independent intellectual property rights. Secondly, the consumer's right to know the meaning and nature of the analysis. Introduced the concept of consumer right to know, then obtained the right to know the content and aware of the object information in two ways. Also through the analysis of the nature of the consumer's right to know that on the one hand with the private rights of the consumer's right to know, mainly through the production of consumer right to know the reasons for the law at home and abroad to discuss the relevant provisions of the conclusions; On the other hand the consumers right to information also has properties of public interest. Right to know as a consumer object of legal protection as the evolution of forms of public interest, domestic and international law fully embodies the attributes of their state and social organizations have the protection of its obligations.Part II discusses the food business operators and consumers to know the secret power of conflict. Divided into three levels, the first analysis of the performance of the two rights conflict, the first analysis of the characteristics of food, that food products with confidence the nature of identity, calls for food traceability. Then come to the right between the two conflicts mainly in three areas, namely, information on food business operators identify and inform the general, the food traceability system, and food information systems in uniform announced. The second level analysis of the causes of conflict between the two rights, the legal reasons and practical reasons from both the right to reveal the causes of the conflict. The third level of the nature of the conflict between the two rights, the first conflict of interest and value conflicts that are the essence of the conflict right, followed by a detailed analysis of food business operators and consumers the right to know the secret nature of the concrete manifestation of the conflict.The third part is the right to food operators and consumers to know trade secrets conflict resolution principles. Mainly reflected in four to solve the principle that the principle of equal consultation, the principle of good faith, the principle of balance of interests and rights of limitation principle. The four principles on the settlement of the conflict between the two rights to play the role of different, first of all, the principle of equal consultation to resolve the two basic principles of right conflicts, reflecting the civil law's meaning and autonomy, unique for its Juyou You Shi; Second, the principle of good faith to resolve the conflict between the two rights principles of justice, as a legislative supplement, introduced the principle of good faith to resolve the right content and the applicability of the conflict; again, the interests of balance principle, the right to address the core principles of the conflict , its coordination throughout the conflict has the right, is the ultimate goal of solving the conflicts; Finally, the right to limit the principles described why restrict trade secret rights, consumer right to know the secret of food business operators to restrict the right of the causes and the consumers right to know the secret of food business operators the right to limit the ways that the interests of balance in the process of trade secrets for the right to food operators and consumers to know the conflict should be resolved in favor of protecting the consumers right to information on food business operators the right to limit secret.The fourth part is the solutions about the conflict between food operators'right of trade secrets and consumers'right to know. This part includes two solutions to solve two rights'conflict. On one hand, through defining the two rights'boundary between to solve the rights'problems of fuzzy, on the other hand, the proposal for the reunification of the commercial secrets of the corpus of the premise, establish commercial secret disclosure system, make up for the public interest of business secrets of the limitations of the system.