Try To Discuss The Promissory Prohibition Of Business Strife Duty Under The Trade Secret Protection Through A Job-Hopping Case

Along with the progress of the society, the development of science and technology, the flowing speed of talented person is further to speed, which results the employee leaking the business secret during incumbency period or after job-hopping. The trade secrets are not only sharp weapons which can help an employer to gain advantage in the competition but also the envy of competitors. If we allow competitors to use mobile professionals to got others' trade secret the rightful owner spent a lot of efforts to get, it not only harm the economic interests of the individual, but also disrupt the normal market competition, as thus, the integrity of business ethics no longer exist, which is harmful to the healthy development of the market economy.In order to prevent this phenomenon, many units contract prohibition of business strife with employee, however, because of the limitations and defects of our current law, it can not define following items exactly, like the relationship between protection of business secret and prohibition of business strife, staff confidentiality duty during his career or competition prohibition duty after quitting his job, which causes a lot of conflicts between employees and employers in our daily life. Additionally, it is great waste of manpower and material resource.Here, based on actual case, the author mainly analyzes the business secret juristical characteristic, components parts, and protective methods as well as the theoretical basis, development, classification and characteristic of prohibition of business strife. Comparing with laws home and aboard about prohibition of business strife duty, the author discusses staff confidentiality duty, juristical characteristic of prohibition of business strife as well as relationships and difference with business secret. At the end of the paper, the author brings out several suggestions for problems which occur frequently in practice by reviewing the case. Hope it is helpful for perfect prohibition of business strife in our country..