Study On The Effect Of Non Compete Agreement

Prohibition of business strife is the product of the development of the market economy to a certain stage,it is to coordinate and balance between the main players in the market their respective rights and interests,curb disorderly competition is an important legal system.Prohibition of business strife system value lies in the enterprises to protect commercial secrets of enterprises,protection of labor rights and promote the enterprise senior management personnel diligent,so as to achieve the ultimate goal of protecting the interests of the enterprise.The main duty of prohibition of business strife continue to have the duty of prohibition of business strife within a certain period of time or after the departure of the job.With China’s socialist market economic system is increasingly perfect,more and more of the main competition in the market through with their employees entered into competition prohibition agreement to maintain the company’s interests.Noncompete agreement between the unit and the laborer the legitimate interests of the balancer,if the restrictions,it is bound to bias the employer party.Therefore,how to determine the validity of the agreement is the core of this paper.Current Chinese legislation of competition prohibition notwithstanding the provisions but too fragmented,can not form a complete legal system,laws and regulations involves a narrow,operability is not strong.This paper mainly discusses the importance and significance of the noncompete agreement,introduced the domestic and foreign research results of the non competition agreement,between about the basic theory of prohibition and protection of legal interests of the conflict are discussed,in order to have a comprehensive and correct understanding of the non competition agreement,the prohibition of factors the effectiveness of the agreement should be considered,followed by the method of empirical analysis,comparative analysis of research methods,focusing on the identification of the judicial practice of our country noncompete agreement the effectiveness of case selection for cases involving the effectiveness of labor contract law,company law under the agreement of prohibition of identification of the the conclusion of the study.This article is divided into five parts.The first part of the introduction describes research competition prohibit the importance and significance of the validity of the agreement,introduced at home and abroad of competition prohibition agreement effectiveness research status,the paving the way for the study.The second part is about the prohibition of business strife of the theoretical basis,including prohibition of business strife and the prohibition of business strife agreement concepts,the legal characteristics,classification,and discuss the prohibition of business strife the protection of legal interests and legal interests conflict,brief introduction of competition prohibited the determination theory of the effectiveness of the agreement.The third part is about the signed a non compete agreement need to consider the factors of effect,which is mainly reflected in the limit of object signing,competition and non competition period and so on.The fourth part is on China’s judicial practice of prohibition of business strife agreement on the effectiveness of the identified,through selected representative in the cases of labor disputes,ownership disputes and violation of trade secrets dispute cases of non competition prohibited analysis was performed to study the identification of the effectiveness of the agreement,draws the conclusion,this can more in-depth understanding of the noncompete system,promote the benign development.The fifth part conclusion.