Research On Punitive Damage In Feasibility Of Trade Secret Infringement

Punitive damages are an ancient and dynamic system, modern punitive damages originated in the UK, development and growth in the United States, as an important system in Anglo-American law system have been gradually accepted and adopted by the civil law countries. China’s current trade secret protection is inadequate in the field of judicial and legislative, the current law are not able to give complete protection of trade secrets, therefore, it need the effective and strict trade secrets tort liability system, in order to maintain trade secret holder’s interest and to maintain normal market order. Punitive damages have the punish and deter violations in functional advantages, and trade secrets tort liability system in foreign countries also occupies an important position, if our trade secret protection can be introduced into the legislation, will be able to effectively solve the increasingly common problem of infringement of commercial secrets, so I think it is necessary to introduce punitive damages among China’s commercial secret protection, and perfect trade secrets tort liability system.The author through to the punitive compensation system in our country in the fields of commercial secret infringement applicable research, aimed at our country trade secret infringement damage compensation system of punitive damages system provides a feasible reference Suggestions to set up or not, and hope to be able to punish and reduce the trade secret infringement, and protect peoples’ commercial secrets, maintain a fair market competition environment, and strive to achieve the commercial secret infringement compensation legal framework. The author use the historical analysis to analyze the historical development of punitive damages; use the comparative analysis to comparative advantages and disadvantages of various countries in punitive damages of trade secret infringement, learn from each other; use the induction and deduction analysis to analyze different functions of punitive damages, absorb the advantages.The article is from their own nature, characteristics and function deployment of trade secrets and punitive damages, and then analyze the trade secret protection legislation abroad, and tries to analyze in the field of trade secret protection in China, and then to introduce the punitive compensation system in trade secret infringement compensation, from social justice ideas, the concept of economic law, as well as the related concepts of law and economics to analyze its rationality, and finally,summarized many point of view from legislative and academic,and summarize the specific requirements and the applicable principles of punitive damages of trade secret infringement. By analyzing the current mainstream method for determining of punitive damages, discussion on the current method of determining the applicable amount of punitive damages, looking for the best path to punitive damages in China’s commercial secrets tort liability system.