Research On The Legal System Of Agree Non-compete

With the development of economic globalization, the pace of market competition is also accelerating. For the employer, to protect its trade secrets and brain circulation has become a key factor to enhance their market competitiveness. However, the employer’s trade secret protection contains restrictions on the employer’s brain circulation. China has established the system of non-competition agreement intention is to protect the employer’s trade secrets, and with the development of the market economy,the employer’s power,in relation to the employees,is stronger and stronger. The workers have been living in a weak position, simply emphasis on the protection of trade secrets of the employers is bound to harm the rights of workers, therefore, agreed to the non-competition system should tilt to protect the rights of workers and the maintenance of public interests properly. This tilt mainly reflected in in the non-competition system of agreed limits and improved.This paper is divided into four parts. The first part is the general theory of non-competition agreement system. Non-competition agreement is a form of non-competition, which is mainly reflected in the "Labor Law", "Labor Contract Law" and since February 1, 2013 implementation of the "Supreme Court to hear case law applicable to a number of labor dispute explain the problem(4) ". The non-competition agreement should pay more attention to autonomy between workers and employers. As the general theory introduction of non-competition agreement,this part is mainly about non-competition agreement system’s meaning, features and value system,and the differences with other related systems. The second part introduced the relevant provisions of the non-competition agreement outside, and make a simple evaluation. Countries of common law, mainly in the United States and the United Kingdom. And civil law countries（regions） mainly represented by Germany, Switzerland and Taiwan of China.The third part is the main content of our country stipulated non-competition system analysis by the lack of related legislation present situation and legislation. First of all, make a simple introducition of the current laws and regulations related to the non-competition agreement. And then analysed the deficiencies which is existing in the current rules,as the bedding of the fourth part of the conventional non-compete agreement system perfectding. The fourth part to coordinate employers,employees and and social public interests as the starting point of conflict. Employers, workers and the public interest benefits, the fundamental of coordinating and reforming these three methods is improving non-competition agreement system. This part mainly put forward the suggsestion in combination with the main problem existsing in non-competition agreement system to solve the problem. At present, non-competition agreed system in our cuontry mainly purpose is to protect commercial secrets of the employers, future legislation should be suitably inclined to protect the interests of workers, and at the same time, it should be strictly limited non-competition agreement, the right to non-competition agreement and obligations of the subject and the geographical scope shuold be cleared, the performance period for the non-competition agreement to define a more flexible, non-competition agreement should also be refined system of economic compensation system and liquidated damages regime, through the non-competition agreement improve the system, so that the non-competition agreement in the system to better protect the employer trade secrets, to play the role of the balance of interests between the free choice of employment and public interests of workers.