Separation Of Non-competition Issues

Trade secret is in the market generated in the process of economic development, it relates to survival and development of enterprises, to maintain market competitiveness of enterprises an important resource. The free flow of resources is a vibrant market economy, a necessary requirement, the same as an important resource on the market also requires the free flow of labor and reasonable configuration. However, the mobility of labor has led to a large number of problems that arose against commercial secrets, the protection of business secrets and posed a serious challenge that non-competition regime came into being, and become an important weapon to protect trade secrets. Law is to protect the economic interests of the company's trade secrets, but also their own jobs while protecting the rights of workers, but between them there was a contradiction in itself, so how the interests of both enterprises and employees to make proper handling of China legal theory and legal practice to solve the problem. And "the creation and set in France during the first adjustment to recognize the object contains a variety of interests of the law is about to be adjusted to make trade-offs and coordination of social interest is created in the process of law in the need to resolve to focus and key. The prohibition of competition system as a coordination between businesses and displaced workers an effective system of conflict, of course, properly handle the relations of interests between the two. in accordance with the Coase Theorem discourse on social costs, no rights are in conflict , the legal protection of a right at the same time, precisely the violation of another right. so there is no absolute right to the rights of any person are all in scope. a subject of rights in the exercise of the rights of the others must be considered rights and the social public interests, or would be contrary to the intention of the rights under the law - both to protect their own interests, but also take into account the interests of others. Therefore, trade secret protection, non-competition regime is a reasonable trade secret rights, employee rights and survival of free career and free competitive market order (market order of fair and orderly and healthy development of social and economic causes, it represents a kind of public interest) to find a balance between the points, it is to maintain market economy order of fair competition, protection of trade secrets with the legitimate interests of employers, the flow of talent to create a healthy environment and the framework is of great significance. However, our current system on the left noncompete law although the formation of a general framework, but not complete. Provisions in the law is not very specific and detailed. Meanwhile, with the non-competition system, the application of the law more and more widely in practice, non-compete agreement to determine the reasonableness of the noncompete agreement has become the primary criterion validity. Therefore, the noncompete agreement to make a better separation is applied, we must make reasonable and rational is the key to the interests of employers and employees to achieve a state of equilibrium. This article describes leaving the Prohibition of Competition on the basis of the theory focuses on the reasonableness of noncompete separation standards and the interests of balanced system design. Want to leave non-competition play a role in the system better able to solve practical problems.