Trade Secret Protection And The Staff Of Fundamental Rights Protection To Reconcile

In the process of the business enterprise development, the business secret performs as the foundational essential factor of the enterprise's management, therefore it must be performed to protect properly. However, there are two aspects that we should be concerned when the enterprise protects the business secret:one is the enterprise itself, and another is the related person. "The relative person" includes the enterprise interior personnel and the external personnel.The employee is the internal and important link of the business secret of the business enterprise protection, for the sake of the strength for protection for extension, the business enterprise usually adopts various direct means to control employee, for example wiretap telephone, supervise and control an E-mail and get to the Internet process, sign to keep secret agreement and Jing industry to forbid item…etc. However, certainly compare from the strong or weak of economic power, the employee belongs to the weak of economy and consequently, for guaranteeing employee basic rights such as the personality power, right for a job, right of privacy, freedom of speech and secret freedom of communication etc., give attention to both guarantee the business enterprise business power and property right, then have to inquiry into business enterprise for protecting whether the means adopted by business secret matches law norm or not, and discuss whether match a comparison principle, with temper the conflict of business enterprise basic right and employee basic right, look for system noodles and method benefit noodles of the win-win.This text comes up to say from the structure, in addition to foreword and conclusion, totally is divided into four parts, the main contents is as follows:Chapter 1 "The concept of the secret of the business enterprise business protection", mainly explain of the protection of the basic right of the concept, business enterprise's protection toward business secret and employee and twos of business secret of two difficult and in harmony with.Chapter 2 "The concept of the employee's basic right protection" is mainly understanding to what is meant by is a basic right; keep secret the basic right of related employee with business enterprise to have those.Chapter 3"The Conflict and Compromise between the business secrets protection and the employee's basic right protection " is mainly the conflict that understands a business enterprise to of the protection of the business secret and the employee basic right protection to order, then discussion how take into concordance, and with the offshore lawmaking example is by way of explanation.Chapter 4 "How to make our country legal system better" aim is explaining the current conditions of the our country legal system, and aims at the protection of the secret of the business enterprise business and employee basic right of in harmony with carry on elucidation, end, thus examine to in the future fix a method direction, put forward a suggestion.