Value Conflict In Commercial Secret Judicial Protection

In the judicial protection of the business secret practice,although it had the explicit provision concerning the lawmaking in offering as proof and affirming,but great part of some principles with the general and provision,lacked to guide in actual judgment,from the judge positively to solve to the worth conflict that the dispute produce of the case in judge process.The research target of this paper lie in three judicial review procedures of the business secret protection,investigate the important conditions of the business secret,investigate the act of the tort about the business secret and the liability for tort about business secret. By means of analyze the method to solve the business secret judicial protection value conflict. The paper is based on the verdicts to excavate the research method of the business secret judicial protection value conflict. In the law court’s opinion,through the analysis of actual case, revolve the subject relationship of the business secret and analysis the different value pursuits of the subjects,to choose and evaluate the value conflict.Reappear the judicial balancing procedure of the value conflict,analysis the standard of apply the confidence about the court.And then,combined with the judicial precedent of excellent turn with the benefits protection of the business secret holder to put forward the related apocalypses.