An Empirical Study On The Restriction Of Competition In Labor Law

With the increasingly fierce market competition,the contradiction between trade secret protection and the flow of human resources becomes more and more acute.It is against this background that the system of restriction of competition in labor law emerges at the historic moment.Due to the late start of the restriction system of competition in China,there are some problems in legislation and judicature.In this paper,after reviewing the theoretical research status of the system of restriction of competition in labor law,the greatest innovation lies in observing and evaluating the operation of the system of restriction of competition through empirical analysis.In addition to the preface and conclusion,the text includes three chapters.The first chapter mainly introduces the theoretical research on the competition restriction system in China’s labor law.Introducing the concept of non-competition restrictions,summarizing the characteristics of competition restrictions,mainly discusses its theoretical basis,and discusses the legal benefit game and the principles to be followed in the competition restriction.The second chapter mainly introduces the basic situation of labor dispute cases of restriction of competition based on the data and statistical results of 380 second instance judgments screened by the judgment document network.The content of this chapter revolves around the basic litigation situation of the case of restriction of competition,the agreement situation concerning restriction of competition,and the litigation gist of the case of restriction of competition.Chapter three focuses on the Judicial Dilemma and Countermeasures of the system of restriction of competition in labor law.Firstly,it summarizes the judicial difficulties of labor dispute cases with restrictions on competition.For example,in the trial of a case,there are some problems,such as the difficulty in identifying the unit competition relationship,the difficulty in adjusting the amount of liquidated damages,and so on.Then,combined with foreign legislative experience and domestic judicial practice,five reasonable suggestions are put forward to improve the system of restriction on competition in China’s labor law,including flexible stipulation of the period of restriction on competition and mandatory provision of economic compensation.Based on a detailed discussion of the theoretical research on the competition restriction system in China’s labor law,this paper takes the second-instance judgment of 380 competition-restricted labor dispute cases in the past year as a statistical sample of this empirical study,vividly showing the competition.Limit the characteristics of the system in its actual operation.At the same time,it also reflects the difficulties in the judicial adjudication.Combined with empirical statistics,domestic scholars’high opinion and extraterritorial legislative practice experience,this paper believes that measures should be taken to clarify the scope of the main body of competition restrictions,strengthen the subjective review,and flexibly define the period of non-competition restrictions,and fully improve China’s non-competition restrictions system.