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On the Conflict and Balance between the Enterprise Credit Checking and Commercial Secret Protection

Author: GuanZuoWen
Tutor: ChenZhi
School: Southwest University of Political Science
Course: Economic Law
Keywords: Enterprise Credit Trade secret protection Credit Information Conflict Balance
CLC: D922.294
Type: Master's thesis
Year: 2009
Downloads: 120
Quote: 0
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Abstract


Enterprise Credit market economy requires, must also protect corporate trade secrets, business credit information and protection of trade secrets are an important part of the development of market economy. Modern market economy as the main feature on credit, of enterprises Credit Reporting, establish a sound legal system of enterprise credit, is the inevitable requirement for the development of market economy. Enterprise credit activities enterprise credit information, including corporate trade secrets. Trade secrets as a important intangible assets, implies a huge economic value, has increasingly become the object of torts or breaches against their vulnerable characteristics. Therefore, it is very necessary to strengthen the protection of trade secrets in our enterprise credit legislation. Enterprise credit information and trade secrets protected object there is some overlap, the enterprise credit information disclosure purposes and trade secret protection of information confidentiality purposes contradict each other, thus forming a corporate credit information and trade secrets protection conflict. How to balance the conflict of business credit information and protection of trade secrets is still no clear legal system to be adjusted. Corporate credit information and trade secrets coexist in a market economy, need equal protection to both the conflict is not resolved, are not conducive to the development of the Enterprise Credit and protection of trade secrets. Therefore, in accordance with the \Firstly, from enterprise credit system the status quo of trade secret protection legislation, the use of empirical research methods to analyze the real problem exists in the enterprise credit system to identify the corporate credit information and trade secrets to protect the crux of the conflict, and thus the use of dialectical materialism comprehensive analysis of the methods of conflict between the business credit information and protection of trade secrets from phenomenon to essence thorough analysis, describing the basis of both principle balance of the conflict, to compensate for the loss of three principles and approaches compare learn research methods, and then use the advanced experience of Europe and the United States deal with corporate credit information and commercial secrets conflict, provides the inspiration for China's balance of corporate credit information and trade secrets protection conflicts legislative system. In the last part of this paper to improve the legal system of enterprise credit perspective, the balance of corporate credit information and trade secrets protection conflict system conceived in five aspects. The focus in advance to prevent the generation of conflict, the first four ideas last idea focuses on the improvement of post-relief mechanism. Advance prevention measures mainly from trade secrets connotation and enterprise credit information between the definition of the rights and obligations of the credit reporting agencies, credit bureaus the principal's right to know and the right to dissent, the regulatory responsibility of the regulatory authorities the four aspects to prevent conflict produce; afterwards relief mechanism from tort liability, damages standard and the Imputation Principle perfect. Both were engaged in prior to prevention and post relief idea enables corporate credit information and trade secrets are equal and effective protection, to balance the interests of all parties, and enterprise credit system to give full play to the effectiveness of the market economy, corporate trade secrets are better able to play their value.

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