On Agreement Upon Prohibition Of Business Strife

Agreement upon prohibition of business strife is one of the forms of contracts or contract terms which are used by employers to restrict employees' conducts and to protect their special interests. One of the most typical forms of this kind of conventions is the prohibition of business strife after dimission. Generally speaking, it has double edges,on one side it could protect trade secrets, counter unfair competition,safeguard fair and rational competition order; however, on the other side it inevitably restrict people' s right to choose work freely, so it always is queried. Because it is a gap in our regulations, it leads to uncertainty when the judges judge the cases, and conversely it brings on two parties confusion upon how to sign a qualified agreement of prohibition of business strife. So on the basis of relevant theories both here and abroad,this text will do an overall and systematic research on it, and it is expected that it will be helpful both to our legislation and judicial practice.On the basis of concept of prohibition of business strife, the first chapter will analysis the follow aspects: firstly the economic and jurisprudence basis of employers' request which does not allow their employees' business strife and employees' willing to do business strife; secondly the objects who have interests of prohibition of business strife. And then we could affirm the value of establishing the system of prohibition of business strife.The second chapter will nail down the principles of how to maintain validity of agreements upon prohibition of business strife, and standards of howto censure the agreements' validity and rationality. On the same time it will point out the infection of other factors upon the agreements' effectiveness.The third chapter will analysis three ways that employers could seek for when employees breach the contracts, and it will introduce the system of prohibition of business strife on the basis of the inevitable disclosure doctrine, and will introduce the feasibility of rated indemnities, compared to the way of rated indemnities in infringement of real property.The last chapter will inquire into some difficult issues such as applying arbitration before trial which occurs very frequently in prohibition of business strife, maintain the validity of the defective contract, and whether the new employer should bear civil liabilities.