The Legal Logic and Institutional Framework for the Protection of Business Secrets under Administrative Law
The protection of"business secrets"under administrative law is crucial for the realization of a comprehensive protection strategy for such secrets.Although the intervention of administrative law rules is not proactive,it has already altered the single private right protection system and institutional structure for"business secrets".The confidentiality obligations under administrative power and the exemption system for government information disclosure have formed a new applicable relationship for"business secrets"rules and adjusted the identification logic for"business secrets".The proactive and upfront identification logic for"business secrets"under administrative law protection should replace the reactive and postponed identification logic under single private right protection.The public law concept under the expansion of administrative power should be integrated into the protection system for"business secrets",with a shift in the recognition of"business secrets"rights,the determination of"confidentiality"and time limits,and the narrowing of public interest measurement as the core changes in theory.In legislation,"business secrets"should be the core of protection rule design,with structural adjustments for"unified legislation"to optimize the protection mechanism and identification rules that are compatible with both public and private law,aiming to achieve comprehensive protection for"business secrets".
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