Jurisprudential Analysis On Non-competition System

Non competition is a product of the development of market economy,its existence has legitimacy basis.On the one hand,to encourage enterprises to innovate and consolidate the achievement of innovation of science and technology,limit the free flow of employees become the employer means the necessity of the protection of commercial secrets;on the other hand,science and technology innovation for talent to accelerate the flow of the survival right.The development of the protection of the right and the right of employees to regain balance.In the conflict of interests,play an important role in the non competition system,but this system does have the lasting vitality,more still in the legislation can make reasonable and effective regulation on it.In view of this,in a competitive world Regulation of industry limit system were carried out a lot of exploration,also summarizes some experiences,which will be the home improvement of the system of providing useful ideas and perfect direction.According to the different sources of non competition obligation,can be divided into two categories,namely legal restrictions and stipulation of competition restriction.For the legal limitation of competition law of our country the main specification has special status in the enterprise,position and authority staff who have greater decision-making rights can have a substantial impact on business conditions than ordinary employees,or hold the important information resources of key technologies or enterprise,if it is engaged in the same subject of rights to compete,then on the right of the main business will cause great harm.Therefore,in order to avoid the subject to seek illegal interests in competing with the right of the main business activities,the law expressly provides for its service during the obligation.The legislation of the world general provisions,senior management personnel of enterprises as directors,managers or master key technology information personnel should be statutory non competition obligations,and ordinary employees are excluded;although it belongs to the mandatory norms,but the subject of the right to dispose of the respect based on the specification of the rights and obligations of the meaning of freedom,namely the company or the business enterprise can through legal procedures from Justice Is the statutory non competition obligations.Compared to the mandatory provisions of legal restrictions,the stipulation of competition restriction,China's laws,regulations,administrative regulations and local legislation are involved,but because the low level of legislation and the legislation is not uniform,resulting in the whole country.Although the national applicability through legislation.The basic content of restrictions on non compete agreement in "Labor Contract Law the provisions,but the stipulation of competition restriction more belongs to the field of commercial law and economic law,so from the perspective of the labor law provisions of the agreement of prohibition of business strife is original and is not comprehensive,unable to effectively regulate the competition restriction contract,practice for Is not strong,lack of maneuverability”.In addition to " labor dispute judicial interpretation of economic compensation is too low provisions,to protect the interests of workers living in a disadvantageous position”.Therefore,through the national legislation to regulate and perfect the system of prohibition of business strife is necessary,but also urgent.This paper attempts to study how to improve the angle of jurisprudence in the non competition system,introduce the concept and characteristics of non competition,after the historical evolution and legal restrictions and the stipulation of competition restriction relations and differences from the principle of honesty and credit,rights and obligations,and the trade secret protection of the non competition system theory,analyzed by comparison of difference between domestic and foreign competition restrictions,then analyzes China's restrictions on legislation,law enforcement problems,and finally put forward a sound practical measures of statutory non competition and non compete agreement restrictions.The specific contents of the paper are as follows:The first chapter outlines the limitation of competition,is divided into three parts,the first part of the concept and classification of non competition among them,including the concept of non competition and non competition is divided into statutory and non compete agreement restrictions on two categories,and carried on the comparison to the two;second part,non competition legal characteristics,includes five aspects: competition enjoy the right to limit the obligations of human rights,restrictions on the existence of a specific legal relationship between the parties,non competition provisions from the parties or legal restrictions are mandatory,limiting behavior is different from the acts of unfair competition,competitive restriction has limitation;the third part,the historical evolution of competition limits,including the Anglo American law system China,continental law system and the restrictions of historical evolution.The second chapter,the theoretical basis,divided into three parts,respectively,from the principle of honesty and credit,the angle of rights and obligations,the protection of commercial secrets is discussed in three aspects: theoretical basis of prohibition of business strife.The third chapter,the problems and causes of China's non competition,is divided into three parts,the first part is an overview of China's non competition problems;the second part of China's non competition system problems,mainly in the low level of legislation,the legislation is not comprehensive two aspects;the third part of our non competition exists in the process of law enforcement the main problem is lack of maneuverability of law enforcement and restrictions on compensation standard is not clear two.The fourth chapter,practical countermeasures to perfect the competition restrictions,is divided into two parts,the first part of perfecting the legal restrictions,including legal restrictions on the faultiness of statutory non competition countermeasures in two aspects;the second part of the perfect stipulation of competition restriction,including defining the scope of the stipulation of competition restriction,validity of confidentiality and non competition agreement the effect of the non competition agreement,economic compensation is not agreed,the economic compensation is of course in terms of non competition agreement,on five aspects of contract loopholes.