On The Prohibition Of Business Strife

The non-competing system is a balance between interests of owners and managers (or employees) of enterprises. There is a complete set of theory in the countries of civil legal system. Similarly, there is a fiduciary theory in the case law of the Anglo-American legal system. In china, the corporation law and partnership enterprise law preliminarily establish the system of non-competing. The system is imperfect, so. it is necessary for the system of non-competing to perfect. Therefore, the author wishes to provoke the interests of the jurisprudential circle through this thesis, and hopes the non-competing system can be operated standardized in China soon.This thesis includes five parts.Part one give a general theory of non-competing. It is composed of the following aspects: Definition of non-competing, Classification of non-competing, Legal characteristic of non-competing, and Significance of non-competing. As conclusion, the author points out that the classification , the system of statutory non-competing and the system of contracted non-competing , is not only the basic one in scholar circle , but also is the foundation of the thesis .Part two is the jurisprudence of non-competing, the general character of the statutory non-competing is to weigh interests for fairness and order of competition. But there is a difference between the statutory non-competing and the contracted non-competing, rights and duties of subjects are asymmetry in statutory non-competing system. The subject of duties is boundlessly loyal to the subject of rights. The contracted non-competing has emphasized on the symmetry of the rights and duties.Part three is the most important part of this thesis, which emphatically demonstrates the basic system of the statutory non-competing including: the basic system of the statutorynon-competing, the range of the banned act. It must be pointed out .that the legislative policy of statutory non-competing in the developed countries is tolerant and elastic. There's much in their method that we can make use of.Part four picks up the two respects important to the contracted non-competing to carry on comparative researches. The effect of the contracted non-competing should be decided in six respects.Part five is the last but not the least part of this thesis. It makes a concrete analysis on the legal relief of non-competing. Drawing lessons from other countries for reference, and stopping up the rough style in the existing legislation are sure to perfect the system of non-competing in China.