Improve The Noncompetition System

China is a socialist market country, building a fair competing market order is an important guarantee to prosperity and development of economic. Trade secret is a type of intellectual property rights and its protection becoming more and more important ,because this is directly related to the company's survival in the market competition. Free choice of employment is an important constitutional right of workers, because his Survival and development is based in the realization of this right. The confliction between protection needs of the employer's trade secrets and the displaced employee's free choice of employment is showed obviously. Noncompete agreement system is constructed to the purpose that reconciles the interest conflict between employer and displaced workers, but as it has many flaws that can't balance the interest confliction between employer and displaced workers perfectly only through review the reasonableness of the agreement. The inevitable disclosure doctrine should be used to make up the shortcomings of the noncompete agreement. It can cut down the social cost of the noncompetition and expand the scope of trade secret protection.This article is divided into five parts. The first part focused on the investigating of the noncompete's Connotation and denotation, analyzed the cause of the noncompetition. The second part of the article is research the history evolution of noncompete agreement and its latest trend of foreign legislation. The third party focused on studying the specificity of noncompete agreement,its force in law and its reasonableness standard of review. The fourth part focused on the birth and development of the inevitable disclosure doctrine,it also pointed out the advantages and disadvantages of the inevitable disclosure doctrine. In last part, the article studied the defects in our law, so put forward the perfect views to the legislation. Inevitable disclosure doctrine is the new development of noncompete agreement system; it has functions to make up the disadvantages of the noncompete agreement and becomes an irreplaceable part to establish a scientific noncompete system. The inevitable disclosure doctrine also has a birth, developing and mature process, during the process it faced with many judicial support and criticism, but its unique function cannot be denied. The fourth part of this article focused on the introduction of noncompete agreement system to china and its shortage in china's current legal system, so we must to improve the system of noncompete agreement and transplant the inevitable disclosure doctrine into our country.The opinion of this article is: noncompete agreement system is important to protect trade secret, but it also has many disadvantages, so inevitable disclosure doctrine is needed to remedy its shortcoming. Only transplant inevitable disclosure doctrine into our country legal system, we can reduce the social costs of noncompete legal system and provide better protection to employer's trade secret. China's scientific noncompete legal system should be an integral system which based on the improved noncompete agreement and inevitable disclosure doctrine.