The Research On The Judicial Expertise Of Business Secret

In recent years,due to the particularity of trade secrets,its value in the market economy has become increasingly prominent,not only to enable enterprises to maintain competitive advantage in the market competition,and become one of the core competitiveness of enterprises.With the increasing awareness of the protection of trade secret secrecy,the relevant cases of disputes are also increasing,but because of the secrets of trade secrets,practical value,confidentiality characteristics and professionalism,concealment,non-exclusive,reversible engineering Characteristics,increased the difficulty of the court hearing cases,in order to identify the technical issues in the case,the judge usually choose to use the means of forensic to help identify the truth of the case.However,in the commercial secret forensic,the identification of the object,scope,process there is no uniform standard,leading to the identification of opinions vary,in the commercial secret forensic often appear "into also Xiao He,defeated Xiao He" phenomenon.This paper analyzes the problems existing in the judicial identification of commercial secrets by analyzing the case of "the violation of commercial secrets of a company in Hunan province",and analyzes the scope and process of the commercial secret forensic.How to start the review when the suspects are dissatisfied with the appraisal Check the mechanism,put forward the corresponding recommendations.This paper is divided into four parts.The first part is the case brief introduction.Firstly,it introduces the basic situation and background of "the violation of a commercial secret in Hunan company".Secondly,the two opinions on the case are presented.Thirdly,the three controversial points:(1)the scope and content of the judicial identification of commercial secrets;(2)the process of forensic identification of commercial secrets;(3)the review mechanism of commercial secret forensic review.The second part is the theoretical analysis of commercial secret forensic.The forensic identification of trade secrets should be based on the identification and judgment of the specialized issues in the case.Therefore,in this part,we first introduce the definition and characteristics of trade secrets,and elaborate its secret characteristics.Secondly,introduce the scope of judicial secrecy And the content,according to the purpose of identification,commercial secret forensic can be divided into non-public judicial identification and identityof the forensic identification;again,introduce the trade secret forensic process and methods;Finally,the introduction of commercial secrets,Commissioned by the forensic,dissatisfied with the identification of the review mechanism.The third part is the case analysis of commercial secret forensic.This part is case-oriented,and the opinions of the two organizations are analyzed,and the problems in the process of forensic identification and handling of business secret are analyzed.First,the scope of commercial secret forensics is problematic;secondly,the process and method of forensic forensic identification are flawed;again,the judicial secretarial relief channel is imperfect.The fourth part is the perfect countermeasure of perfecting commercial secret.In order to solve the above problems,we will improve the judicial identification of trade secrets from the following two aspects: First,establish a unified code of forensic identification of commercial secrets,which can be divided into the following three aspects:(1)standardize the scope and content of judicial secrecy of commercial secrets;2)standardize the business secret forensic process and methods;(3)standardize the form of judicial opinion submissions.(2)improve the pre-examination mechanism of the judicial secretarial submissions;(3)improve the cross-examination procedures(3)improve the quality of the business case,;(4)to improve the professional quality of law enforcement officers.Through the above two proposals,in order to improve the judicial securitization rules of commercial secrets in China,and to improve the forensic status of commercial secrets in judicial practice,to improve the scientific and seizure of commercial secret forensic.