《民诉法》第120条第2款规定:“……涉及商业秘密的案件,当事人申请不公开审理的,可以不公开审理。”并在第66条规定:对涉及商业秘密的证据应当保密,需要在法庭上出示的,不得在公开开庭时出示。在我国立法中首次采用了“商业秘密”这一概念,并将其纳入程序法予以保护。什么是商业秘密?我国现有的法学辞典和法学著作未下标准定义,笔者认为,商业秘密就是指生产经营者掌握的尚未为社会公知公用的技术和经营诀窍。它既包括生产技巧、工艺秘诀、产品配方,也包括商业经验、经营策略、信息情报等。随着市场竞争的日趋激烈,生产经营者为了提 Article 120, paragraph 2, of the Civil Procedure Law stipulates: “... cases involving commercial secrets may not be adjudicated in an application filed by a party in private.” And Article 66 provides that the evidence concerning trade secrets should be kept confidential , Need to be presented in court, may not be produced in public court. For the first time in our country's legislation, the concept of “trade secrets” has been adopted and has been incorporated into the procedural law to protect it. What is trade secrets? There is no standard definition in the existing legal dictionaries and legal writings in our country. In my opinion, commercial secrets refer to the know-how and management know-how that production and business operators have not yet known to the public. It includes both production skills, process tips, product formulations, but also includes business experience, business strategy, information and intelligence. With the increasingly fierce market competition, production operators in order to mention