| On the basis of the analyzes to some basic concepts about Business Secret and the establishment and development of the legal protecting system about Business Secret, the author primarily deal with the theoretical basis of protecting Business Secret, the classification and characteristics of the tort, the legal protecting measures and ways. After that, combining the present situation of China about it, I also make some legislation proposals in the legal protection about Business Secret.Business Secret, as the special information in business field, has a few characteristics like those of its secrecy, its defensive, its value, its legality, its danger, its reproduction and so on. It includes both technological secret and managing secret.It is a very long and difficult process for establishment and development of the legal protection about Business Secret. From the self-protection of the "hereditary skills" to some stipulations of "Industry Secret", until the 18th century (industrial revolution period), people began to pay attention to this matter. In the middle of 19th century, the early legal protection system had been established. At the end of 19th century and the beginning of 20th century, it had grown up and developed further: From common law system to the continental law system, from case law to written law. The electric technological revolution of 1950s and the information technological revolution of 1970s even made it into new stage: From developed countries to developing countries, from the inner law protection to the international law protection. At present, it's showing some new global trend: It's being protected by criminal law, special law and showing internationalization and globalization. Also it's protected by more and more widely and regarded as general property and intellectual property.We have to protect Business Secret because of the existence of so many different kinds of torts and its serious harmfulness. We can outline it into 6 types like: Steal including inner employees and outer people; Know or grasp it and let it out freely; Let it out without getting the owner's agreement; Know the third one is illegal but still get it or act as agent for it. The administrative office compels a company to give it toothers; The officials who knows about it let it out. They show some different kinds of characteristics: Covert and occupational activities, many actors and means; the condition is worse and worse, the harm is rather serious. The tort not only occupies the competitor's legal right but also destroys the fair competition environment.Because of what happened above, every country adopts a series of legal measures and ways. As far as the measures are concerned, they are exited in some law stipulations from the civil law, law against unfair competition, criminal law and special law. As far as the ways are concerned, civil procedure law, administrative proceeding law, criminal procedure law and so on can be used to protect the right of Business Secret. So does the other countries(more or less).In China, the law-making outline is showing like that: before!978, the characteristic was Business Secret was regarded as the secret of our country and given a special protection. At that time, we only protected technology secret instead of protecting management secret and others. Since 1979, especially after 1990s,because of the setting up of our socialist market economic system, China began to speed up the law-making, we promulgated < , < , < , new < , < , etc. Now we have set up a better system of legal protection about Business Secret.However, our country also has some shortcomings in the law-making system about Business Secret. For example: the legal property of Business Secret isn't decided; some legal regulations aren't systematic and overall; there're some lacks in a few laws; it lacks in legal regulations of punitive damages and restricted competition; etc. On the basis above, I also make some legi... |
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