论商业秘密保护的“不可避免披露”原则-经济法专业论文.docxVIP

6 6 market order. On the other hand, due to the fact that there exists considerable unfixed elements in this doctrine, thus, it also shows some negative aspects. Specifically, the mobility of employees and fair competition would be affected. Therefore, it is a controversial subject and being against by several American states. Nowadays, the Inevitable Disclosure Doctrine has not been set up in the Chinese legal system and only in recent years, does the theoretical professionals begin to pay attention to this doctrine. In the era of knowledge economy, which represents by the rapid development of technology as well as talents mobility, studying the topic ‘Inevitable Disclosure Doctrine’ has practical meaning to the system of business secrets. This paper describes the ‘Inevitable Disclosure Doctrine’ from four aspects. It begins with the derivation, development and establishment of the ‘Inevitable Disclosure Doctrine’. Then, the paper analyzes this doctrine specifically, which emphasizes the disadvantages of traditional ways of business secret protection as well as the characteristics of this doctrine. In the second part, the paper analyzes the theoretical basis of the ‘Inevitable Disclosure Doctrine’. Following that, in the third part of the paper, the author combines some cases in American law, pointing out the practical and restricted elements which should be examined, with the purpose of standardizing the doctrine. The paper concludes by emphasizing it is necessary to absorb the doctrine into the Chinese law system, and consequently, the protection of Chinese business secret will be improved. 【Key words】the Inevitable Disclosure Doctrine threatened Misappropriation balancing of benefits injunctive relief PAGE PAGE 1 山西财经大学 学位论文原创性声明 本人郑重声明：所呈交的学位论文，是本人在导师的指导下，独立进行研究工作所取得 的成果。除文中已经注明引用的内容外，本论文不包含任何其他个人或集体已经发表或撰写 过的作品成果。对本文的研究所做出重要贡献的个人和集体，均已在文中以明确方式标明。 本人完全意识到本申明的法律结果由本人承担。 学位论文作者签名： 日期： 年 月 日 山西财经大学 学位论文版权使用授权书 本学位论文作者完全了解学校有关保管、使用学位论文的规定，同意学校 保留并向国家有