The Burden Of Proof In The Commercial Secret Infringement Litigation

In the civil procedure filed for infringement of trade secret, the issue of the burden of proof functions throughout the whole procedure as different means of distribution reflects the underlying perceptions and values held about the allocation of risk to lose a case; besides, there exists complexity in the trade secret cases. Therefore, the major issue of burden of proof stands out; which has been arousing wide attention as well as varied understandings amongst the scholars in the law field. This thesis intends to explore this controversial issue lying in the trade secret cases in terms of theoretical and pragmatic studying, and futhermore, to contribute to the bettering of trade secret protection system.This thesis covers four chapters. In the first chapter, the status quo of the present trade secret cases is introduced, the statutes relevant to the burden of proof are analyzed and criticized; besides, the specialties and significance with regard to the burden of proof in trade secret cases are also discussed. The second chapter is on the study of controversies about the distribution of burden of proof in the trade secret cases in perspective of theories. In the third chapter, the problems regarding to the distribution and proof are analyzed on a basis of judgments, and the views about fact-finding held by the courts are also discussed, just for the purpose of a better understanding of the application of the theories about the burden of proof. In the last chapter lies the consideration about the institutionalized perfection of the burden of proof, as well as suggestion for its perfection.