Study On The Economic Compensation Of Competition Restriction

At present,China’s economy is in the period of transformation and upgrading,all kinds of talent flow have become the norm,and cases of competition restriction disputes occur frequently.However,the current legislation on competition restriction is relatively simple,and the relevant provisions on economic compensation for competition restriction are insufficient,which leads to prominent disputes on competition restriction economic compensation.In dealing with the disputes of economic compensation for non-competition,the judicial standards vary from region to region,and the academic researches are not thorough enough.Against this background,this article discusses and analyzes the relevant legislation,theories and practice of the economic compensation of competitive restriction,and puts forward some suggestions for improving the relevant theoretical researches and practical reform.The topic of this article has not only practical research value but theoretical research significance.Improving the current provisions on economic compensation of competition restriction and unifying the measures will do good to judicial practice,which will further enhance the seriousness and authority of judicial trial.As a consequence,both employees and employers can have reasonable judgments on related cases,and the stable development of market economy can be also promoted.The special research on economic compensation for competition restriction can make the discussion of related issues more extensive and indepth,and then promote the continuous development of the theory of economic compensation for competition restriction and provide a more powerful basis for relevant practical reform.This article is divided into five parts.The first part is the introduction,which mainly introduces the background and significance of this topic,summarizes the main references of this article and introduces the research methods of this article.The second part is the case interpretation,which leads to the theme of this article through two groups of judging cases in recent years-Research on the economic compensation for competition restriction.By analysising the cases,this part aims to find some problems to be discussed about the mechanism of economic compensation forcompetition restriction.The third part is about the problems existing in the current regulations of the economic compensation for competition restriction in our country.Through the analysis of the above cases,we can deduce the specific discussion focuses,which are whether the economic compensation is the necessary condition in the entry into force of the competition restriction clause,the low standard of the economic compensation for non-competition,and the problems of the payment of economic compensation for competition restriction.The fourth part is about the legislation of economic compensation for competition restriction at home and abroad.This chapter systematically analyzes the relevant legislation,judicial interpretation and policy documents of economic compensation for competition restriction in China.At the same time,it compares and proves the relevant legislation of economic compensation for competition restriction abroad,and finds out revelations from the relevant foreign legislation that can be used to improve the system of economic compensation for competition restriction in China.The fifth part is about several suggestions on improving the relevant provisions of the competition restriction economic compensation in our country.Through the above demonstration,the author puts forward several suggestions as following.Clarifying the economic compensation is the necessary element for the effectiveness of the competition restriction clause.Properly balance the competition restriction economic compensation and the liquidated damages.Strictly restrict the rescission of the competition restriction clause by the employers,etc.