A Study On Some Legal Issues Of Prohibition Of Business Strife

Prohibition of Business Strife (POBS) is an important civil legal system in nations to coordinate and balance the interests between the business parties,and to obstruct the unruly competition.The relevant legislation in China has been enacted,yet there still are some problems of roughness, briefness and incordination.The work of theory research on this task is at the stage of the beginning.With regard to this situation this paper is trying to probe several legal issues about the POBS,which is expected to benefit the legislation work in China.In addition to the preface and conclusion the thesis is consist of five chapters: The first chapter is about the general theory of POBS.Firstly it introduces the definition and classification,pointing out the statutory POBS and promissory POBS as the two fundamental forms.Finally it analyzes the conflict of rights and necessity of POBS.The second chapter is about the legal issues of statutory POBS.Firstly it discusses the issues that whether supervisor and ordinary employee should be involved in the range of obligator.Then it analyzes the attributes of obligation in statutory POBS and the issue that whether the obligation could be exempted. The third chapter is about the issue of promissory POBS.First of all it analyzes the relation between promissory POBS and the protection of business secret.Then it respectively analyzes the general and concrete criteria of judgment on the legality and rationality of POBS protocol.The fourth chapter is about the legal consequences of breaching the obligation of POBS.It indicates that if the obligator breaches the prohibited obligation,there will be two aspects of legal consequences.The one is about the issue of legal effect of the trade with the third party in business strife.The other one is about that what kind of legal liability that the obligator will undertake.The fifth chapter is about the analysis of current legislation in China and proposals of improvements.There have been so many problems of legislation on...