上市公司信息披露与商业秘密保护之冲突与协调民商法专业论文.docxVIP

2 2 1 1 第五部分提出上市公司信息披露与商业秘密保护冲突的解决途径。对策主要分为三 个部分，一是从内容和时间上划分信息，明确信息的界线；二是立法途径，主要包括制 定商业秘密权，完善信息披露立法，建立自愿性信息披露，完善证券监管制度等；三是 司法途径，主要包括完善信息披露豁免制度与民事确认裁判制度，以及强化执法力度等。 关键词：上市公司；信息披露；商业秘密；冲突与协调 Abstract Information disclosure system and the business secret protection system not only are two key problems in modern market economy, but also a dilemma. They have contradiction and the conflict not only in theory but also in practice. In theory, as the key system of the securities market, the male principles of the information disclosure are “open、just、fair”, their purpose are to protect the benefit of intensive general investor, at the same time maintain a healthy well-organized and fair securities market. However, business secret protection means to protect companies’ economic benefit and competitive advantage by protect the information. One means to protect investor’s benefit, the other means to protect companies’ benefit, contradiction and conflict are inevitable. In practice, The securities supervision and administration institution would ask companies to do well in information disclosure to protect investors’ benefit, but excessive disclosure may leak companies’ business secret; On the other hand, companies are not willing to publish information in order to protect or enlarge their competitive advantage, and to pursue the maximal profit. However, securities market is a information market, overemphasize the protection of business secret is against the information disclosure, and will damage investors’ benefit. Therefore, study the conflict of the two and proposes the solution countermeasure not only have Theoretical significance, but also have realistic significance. This article is from the basic theories of the two systems, Comprehensive analyze the causes and representations of the confliction between information disclosure system and the business secret protection system. Put forward the possibility to coordinate the confliction. Finally, proposes the countermeasure of