Research On Judicial Appraisal In Commercial Secrets

As the essential factor,commercial secrets undertake several vital functions in the intellectual property during the development of the commercial economy.At present,domestic legislation is comparatively lagging behind and having emerged several problems in judicial practice such as the differences between scope and technical standard about the judicial appraisal,and the distinct mentalities between criminal and civil judgment.Beginning with oneclassic case and the focus issues of above and having elaborating some basic points on the status quo in legislation of judicial appraisal in commercial secrets,this paper summarizes the status and problems on the bases of empirical researches on the judicial appraisal in commercial secrets,and finally put forward personal opinions and explores the feasibility of reforming the present mechanism,as to provide with specific approaches.This paper is composed of 5 chapters with the number of words totaling approximately 20,000.Chapter ?introduces one classic case in the methods of case study.Xinfu Pharmaceutical industry v.Xinfa Company,the so called 1st intellectual property case in China 2008.During criminal case filling 2007 to the ending of the civil process 2014,8 years have been consumed in this case.With the retrail application be rejected by the Supreme Court of PRC,this case is finally finality.Form the case,this paper explores several problems in the judicial appraisal in commercial secrets such as the range,conditions and methods on which above.Aiming at reviewing the developmental process of domestic legislation in China,Chapter ? covers the scope of legislation in the judicial appraisal in commercial secrets and further explores the necessity,burden and cost of proof and the legal nature about the appraisal opinions on the basis of the legal theory.According to analysis and problem-solution logic in comparative law,Chapter ? has a microscopic investigation respectively on the differences between criminal and civil law suits,in order to lay foundations for the demonstration about reform ideas and concrete measures such as summarization of secrets and retrieval contention.Chapter ? discuss the main problems in the of operating mechanism of the judicial appraisal in commercial secrets.On the angle of jurisdiction,this chapter distinguishes the main problem into 4 logic ways such as the conflicts about the judicial authority,and the admissibility of evidence,and the standards of appraisal,and the cross of criminal and civil law suits.Based on all the discussions as mentioned above,Chapter ? puts several specific conclusions on the topic in detail.Considering the dynamic state about this topic,and in order to make conclusions possessing the basic practical operability,and on the tendency of the unity of the three trial ways,this chapter clear and definite the two footholds about all the following conclusions which are the existing explorations and some explorations as follows: on the one side suggestion,the unity of form in the legislation is necessary,such as the law-making stipulation,the document specification and legal protection;on the other side suggestion,perfect the mechanism is necessary,such as conformity of resource about criminal and civil court,and perfect the mechanism of expert witness and expert-assisted,and reform the special legal process.