Research On The Effect Of Non-competition Agreement

In order to protect their legitimate rights and interests such as business secrets,employers often sign non-competition agreements with labors.As the agreement has become more widely used in practice,disputes over competition restrictions in judicial decisions have also increased.The determination of the effectiveness of the noncompetition agreement is a prerequisite for resolving disputes over competition restrictions.However,due to the absence of relevant legislation in our country,the courts have different judgments on the validity of the agreement in judicial decisions,and the lack of uniform applicable rules has led to the phenomenon of "different judgments in the same case" frequently occurs in judicial decisions.This thesis consists of four chapters.The first chapter is the introduction.It introduces the significance and purpose of the thesis,literature review,research methods,innovations and shortcomings.In order to provide the basic conditions for the research.The second chapter is the innovative part of this thesis.By combing and analyzing the relevant cases of the non-competition agreements,extracts the controversial focus of such cases.Then,focus on which elements should be considered in a noncompetition agreement,such as protects the object,object,field,region,duration and compensation clauses,provide a detailed and in-depth analysis and evaluation of the judgment rules for the validity of the non-competition agreement.The third chapter is the extra-territorial investigation.Combing and analyz the extra-territorial experience of the principle of reasonable review,the principle of public interest protection and the specific rules on the judgment standards of various elements,and summing up the above experience,and drawing into the introduction of the principle of reasonable review and clear enlightenment of recognition standards and compensation effectiveness regulations.The fourth chapter is the legal advice,aiming at the existing problems in judicial adjudication,combined with the enlightenment of advanced experience from outside the region,and put forward the perfect experience of judicial application.First,clarify the principles that should be upheld in the judicial decision process,including the principle of reasonable review,the principle of freedom of contract and the principle of balance of interests.Secondly,clarify the impact of various elements on the effectiveness of the agreement,and distinguish essential elements and reference elements.Finally,clarify the dynamic standards and considerations.