On The Allocation Of The Burden Of Proof In The Commercial Secret Infringement Litigation

In a civil case, the resolution for the dispute is determined by the distribution of the burden of proof. This article, by analyzing sorts of infringement in the trade secret, put the discussion on how to apply criterion of liability for infringement in the trade secret as well as point out the principle of fault that should be used in the infringement in the trade secret. Through analyzing the particularity of infringement in the trade secret in action,the article pointed out here that the burden of proof in the litigation should be divided into sections between the plaintiff and defendant .There are also discussions on the shortage of Chinese Law and Judicial Interpretation on the distribution of the burden of proof in trade secret litigation. The author here, on the basis of experience from other countries, tried to give own opinions about the burden of proof in trade secret infringement litigation, which should be possibility and inevitability. Finally, the article turned to address that it is very important to improve the distribution of the burden of proof and the development of civil procedure rules. Basing on all these, author gave opinions on the legal system for the protection of the trade secret. The author try her best to analysis some key points and difficult problems on the distribution of the burden of proof, hoping to provide a little help for judicial practice.