Research On Noncompetition Legal Issues

The non-compete system has a history of hundreds of years, but there still aremany differences on some important issues of non-compete system on the continuous.Compared the system of non-competition with the advanced countries in the world,there exists an obvious gap on Mainland China. This thesis makes a thorough andsystematic analysis and study from different angles of non-compete. Reference theadvanced theories and legislation experience of foreign law,so that we can perfect ourown non-compete system, and realize the harmonious among unified implementationunit, individual and public interests, protect the legitimate competition, curb disorderlystrife, promote people try their best,and the market economy developed sound andfast. The main academic viewpoints of the article are as follows: The first one is that thelegal non-compete system aimed at protecting the equal employment right, right ofcommercial secret and public interests. The contradiction and the conflict of the threeled to the emergence and development of non-competition. Non-competition shallfollow the basic human rights principles, the principle of balance of interests, theprinciple of reasonable limits, instrumental rationality and value rationality principle ofunity. The second one is the justification theory of prohibition of business strife system:the economics of "agency cost theory", the law on the principle of honesty and creditand the theory of duty of loyalty, the reasonable limit theory and so on. The third is thatadvocate the use of contractual control to ensure the rationality of the non-competeagreement. The fourth is to put forward concrete measures and ways to improveprohibition legislation and practice on mainland of China, that are: first,strengthen theregulation of prohibition of business strife; second, legislation unified economiccompensation; third, make emphasis on the unity of the legal prohibition of businessstrife; fourth, introduce injunction system into civil procedure appropriate; finally,perfect the measures of serious violations of the behavior of non-compete in criminallaw.