The Analysis Over The Legal Issues Of Non-Competition

With the graduating development and the perfection of the market economy, the free flowing of the labors would be the necessity. For the defense of the business secrets by the flowing of labors, the modern enterprises usually contract with the employer in the context of the non-competition to protect the business secret. And the way of protection of business secrets have many advantages. However, the imperfection and various legal regulations about the non-competition in every state and the different clauses of the forbidden contract between the enterprises and employers had the great variance in the judicial practices. At the same time, the forbidden clause also has the strong conflicts of benefits. On one side, the enterprise need to protect its own business secrets and to keep the prominent position as to prevent the employers get the merits and make the economic lost by the uncover the business secrets; on another hand, the labors also have the right to choose the career freely as the basic citizen rights and the safeguard of the existing and employment rights is also the important target of the modern legal construction. Therefore, it is necessary to discuss the relative legal issues of the non-competition to make it as a radical legal system in civil and merchant laws.So this paper gives the analysis about the basic theory, the current legislation, the legal validity of non-competition and the responsibility from the beneficial conflicts of balance of non-competition. And beside the introduction and conclusion, the context is divided into five parts:Part one is to list the two classical cases of non-competition in order to put forward the meaning of study and the relative legal issues to resolve the current problems and dilemmas of the judicial practices.Part two is the general introduction of the non-competition system which specifically discusses the concept, the classification of the system of non-competition and the concept, the models and the beneficial conflicts of non-competition, which shows the direct understanding of this system.Part three is mainly to discuss the legislation situation about China's and other countries'relative systems to analyze the disadvantages of current legislation and the regulated necessity.Part four is the exploration of the validity of the competition and the emphasize point of the context, which is to synthetic analyze to the formal conditions and the essential conditions of non-competition and to discuss the standard conditions about the validity to give the constructive suggestions.Part five is the responsibility study about the non-competition which is including the types of liabilities of the right and duty parts for the certain direction in judicial practices. And this part suggests that we should suggest the imputation and redressing system abroad through the lost proof burden and the difficulty of judicial identification and the disadvantages of the reliving measures in judicial practices in order to perfect the liability purchasing system for the non competition.