The Improvement Of The Non-compete Legal System In China

With the development of our society and the prosperity of market economy, the employers, in order to attract talented people must focus on their own competition capability to hold the leading position in the employment market. Business secrets, as the core competitiveness, the protection of it has been increasingly paid more and more attention by employers. Thus, the non-competition system emerged to protect the business secrets, as its core, is to achieve the goals of the secret protection by restricting the limit part of the employees’ free choosing right for employers. Therefore, it is important and necessary to create an orderly market competition environment in the process of protecting the business secrets to provide more employment opportunities and labor circulations for employees.As the convention in every country, the non-competition system has its differences under different national circumstances and development situations based on different non-competition laws. Therefore, this is the reason why the problems occurred, for example,the abuse of rights to expand the non-competition domain and geographical scope makes the employees suffered the infringement of labor rights and liberal employment right. As for another example, low economic compensation standards make employees’ life cannot be guaranteed, but even worse, their rights were violated by employers. Practically, what we need to think about is how to balance the conflicts of rights and restrain the disorderly market competition in order to establish a mature non-competition legal system with Chinese characteristics.In this paper, the author intends to solve the above mentioned problems in three parts.First, the concept of the non-compete and theoretical basis of the legislation; second, by studying the development of non-compete legal system in China, combining with the legislative situation from country to country, to find out present problems of the legal system of non-competition in our country; lastly, the author wants to put forward some suggestions for how to improve and perfect our non-competition legislative system.