On The Legal Protection Of Trade Secrets And

Since our country formed a socialist market economic system and joined WTO, market competition, especially competition in science and technology and in talents, has been becoming keener day by day. Business secrets make business operators have an advantage in the competition, but their rights are infringed upon more seriously than before. The Science of Business Secret Law is becoming a new and developing subject in China and legislative work about it is being conducted. Therefore, it is of theoretical and realistic significance to strengthen studying the Science of Business Secret Law.The contents of the Science of Business Secret Law are multifarious anddisorderly. This article talks about two essential points in it--the definition andconstitutive requirements of business secret and legal protection policy--whichare less normative in China's legislation at present and are two disputed points in academic circles as well The writer have made further inquiries on the basis of the studies at home and abroad in order to be of certain benefit to theory and practice of law about it.The whole article has four parts. In the preface, the writer summarizes importance of business secret to economic developments and significance of legalprotection, and then brings forward the object of study of this article--businesssecret and legal protection. In second part, the writer not only introduces the definition of business secret and points out the arguments in academic circles about constitutive requirements of it, but gives own detailed analyses about constitutive requirements and make the concept and bound of it much clearer as well. And then the writer probes into theoretical basis of legal protection of business secret, namely the basis in ethics and principle of law. After talking about advantages and disadvantages of theory about it, the writer makes her own analyses about the legal protection policy. And after the introduction of formation, development and features of the policy, the article analyses the present condition and the disadvantages of the theory about the principle of law and provides some resolutions. Finally, the writer analyses legislation, administration of law and jurisdictional conditions at present in China and then states that it is necessary and urgent for our country to make Business Secret Protection Law as soon as possible in order to effectively protect business secret.