Studies On The Protection Of Business Secrets In Civil Litigation Of Our Country

With the transformation of the pattern of economic development,commercial secrets has gradually become the core factor of enterprise competition.In order to guarantee the enterprise in an impregnable position in the intense market competition,Companies also do their best to protect commercial secrets.,As an important way of the parties' rights,Litigation also should gradually improve the protection of commercial secrets.But in our current legal environment,Even after the legitimate rights and interests of the trade secret right have been infringed,In the course of the trial involving trade secret cases,also because of the unsound system of litigation procedure in our country,leaving the litigation as the cause of the second disclosure of commercial secret.Under our country's current legal system,Regulation of trade secret infringement behavior mostly from substantive law,procedural legislation is still lacking.Involving business secrets trial procedural legislation is mainly manifested in the article 68th: not be cross-examined publicly and article 134: not be tried publicly of Civil Procedure Law of the People's Republic of China,and article 255 :to involve the business secret of judicial documents refer to the limit stipulate in the Supreme People's Court about apply the explanation of the <civil procedure law of the People's Republic of China >.On the one hand,the legislation is only part of the principle regulation,lacking of specific operational procedures to provide guidance for the operation of the specific judicial practice;On the other hand,the system provides only cases involving trade secrets may not be open to the outside of the third person,do not consider the other party and the entrusted agent as the object of which is prohibited or restricted.Hence,inevitably,there will be a party by way of malicious litigation to spy on the trade secrets of other parties.Although,the procedural legislation of business secret is still not perfect in our current law,but in practice,the judicial organs have started around initiative,such as signing pre-trial confidentiality undertaking.The practice in avoiding the secondary leakage of business secrets in the litigation plays a positive role,but there are still some shortcomings.Xiamen in China then pioneering " Protective order" is in draw lessons from the abroad and our country Chinese Taiwan area,on the basis of relevant systems,combined with the actual situation in mainland China a bold attempt,has its rationality and innovation.Based on exploring the related system abroad and a summary of China's current judicial practice to solve the lawsuit involving trade secrets cases found in the case facts,fair trial and the conflict between protection of business secrets,is consummates our country lawsuit system,the important measures for the protection of business secrets and is the inevitable requirement of advancing the process of our rule of law.First of all,In order to raise the question of the commercial secret protection,this paper analyzes the present situation and the difficulties in our country.Learning from the experience of the USA,Japan and Taiwan in the judicial practice,This paper analyzes the compatibility between the secrecy order and the judicial environment and the social environment in our country,and introduces the specific system design To effectively avoid the commercial secret quadratic in the litigation,balance “due process rights safeguard the parties” and“ lawsuit conflict between commercial secret protection”.