Talent Flow Business Secret Protection Law Studies

With the progress of era and the development of economy,protection of business secrets in talent flow has become the inevitable trend of the society.China’s "criminal law","civil law","labor contract law","anti-unfair competition law",formulated the regulations to protect business secrets in talent flow.At the same time,by establishing non-compete system,our country aims to prevent the talent flow of infringing business secrets.As the protection of business secrets in China starts late,there exists some deficiencies of the protection of commercial secrets in talent flow from the aspect of legislation and enforcement,and enterprises also have disadvantages in this aspect.Our country can further improve from the following aspects: no full scope for business secret;people’s narrow scope of infringement behavior;the narrow subject of the non-compete system regulation;penalties for infringement behavior is light.At the same time we should improve the law enforcement for law enforcement personnel,and the enterprise needs to strengthen the protection of commercial secrets in the talent flow.Aiming at the shortcomings of business secret protection in talent flow in China,our country can learn appropriately the advanced system and relief from the developed countries such as the United States,Germany and Japan,in order to achieve the purpose of establishing and perfecting the related system of our country.This paper gives the analysis of performance and particularity in infringement of commercial secrets by talent flow through methods of empirical analysis and comparative research,in order to understand the importance of the protection of business secrets in the talent flow.Putting the form of business secret protection in the talent flow as the breakthrough point,comparing the protection ways of our country and abroad,we can not only learn the advanced system and relief of developed countries,but can achieve the research purpose of effectively prevention talent flow infringing business secret in our country.This paper has explained China’s defects in the protection of business secrets of talent flow from the aspects of legislation and law enforcement.Through the perfection of the legislation and enforcement,our country can reasonably and effectively prevent the behavior of talent flow infringing business secrets.