A Study About System Of Non-Competition After Demission In China

In the 21st century, technology and talent are the most important resource. Core technologies associated with the trade secrets.Trade secrets are intangible assets of one enterprise. In the 21st century, rational flow of talent brings great economic benefits to the enterprise and individuals. At the same time, the flow of talent will cause the loss of trade secretes. The main function of the Post-employment restraint system is protecting trade secrets and maintaining fair competition, promoting technological development.We should recognize, on the one hand, reasonable flow of talent to economic development. On the other hand, it brings unfair competition. Today, for example "job-hopping", "headhunting company", and so on, these words are common. How can protect the trade secrets and protect the rights of workers? It is a hot issue. The system established in many countries. In western countries, the main purpose of prohibition is protection business secrets. At the same time, it is an important system to coordinate the interests between business parties. In common law countries, these systems have developed through case. In civil law countries, these systems prescribed by law.March 20,2006,bill published. After four rounds of validation, adopted in June 2007.The basic idea of law is establishment of harmonious labor relations. Reasonable system can resolve the conflict between business and labor. Reasonable use of the system, to protection of freedom of employment and business interest. How to use this system is an important issue. In order to ease the contradiction between enterprise and workers and maximize access to social benefits, we need to create a perfect system.This article made reference to the large amounts of date. On the basic theory of Post-employment restraint system, considering our present conditions, this article points out the shortage of the labor contract law through case studies and comparative analysis. Recommendations form a number of aspects, such as object, area, region, responsibility and so on.In addition to introduction and conclusion, paper is divided into four parts:The first part is a brief Introduction about Post-employment restraint system, including the Concept and Characteristics of non-competition, the Concept and Characteristics of Post-employment restraint system, and the basic theory of it.The Second part is about the specific embodiment and evaluation of this clause in some Countries and regions. Such as The United states, Germany, Japan and other countries. That it will give some references in China's legislation.The third part of the article is about Existing regulations oft Post-employment restraint. Analyzing the defects of these regulations from three aspects.It includes Economic compensation, Liability, and Geographical restrictions. This section and the fourth part are the focus of the article.The last part is about Recommendations on Post-employment restraint System. Based on the previous paper, the author put forward Proposals form the aspects of Economic compensation, Liability, and Geographical restrictions. These proposals are the second innovation of this article. However, because of limited capacity, it is inevitable inadequacies. I hope these suggestions can improve the Post-employment restraint system.