Research On The Non-competition Agreement Legal Matter

In nowadays, the competition prohibition has been widely used in worldwide in order to contain the unordered market competition and coordinate the equities of the market participants. It is a very important legal system. There are two aspects of the competition prohibition ---- generalized competition prohibition and narrow competition prohibition. This dissertation is going to investigate the competition prohibition in narrow terms, which will focus on the research of the behaviors of the specific participants of competitive relationship. From the essences of the view, what the competition prohibition is going to prohibit is the range of unreasonable competitive actions.The competition prohibition are the inevitable result of the development of market-oriented economy. As well, the establishment and improvement of the competition prohibition rules is required by the future development of market-oriented economy. With the increasingly fierce market competition, the scope of application of the competition prohibition rules has become larger and larger. Recently,the competition prohibition rules have been used as the critical legal way to secure the business secrets in most of the developed countries. Meanwhile, the rules are also widely used by the enterprises as the major legal method to protect trade secrets. In China, however, the use of the rules started late and there is no clear legal definition in this field. Therefore, with the development of the socialistic economic system of marketing in China and the increasing freedom for civil subjects, the participants of marketing action has become more and more server. As a result of the increasing competition, an increasing number of disputes about the competition prohibition appear in practices. Those issues triggered a hot debate on this field, such as whether the rules should be carried out in China and how to formulate and practice the legality etc. From writer's point of view, in recent, the period of market economic rapid development, it is necessary to investigate the related issues about the Non-competition Agreement (NCA) theoretically and improve the legal regulation about NCA, in order to ensure the socialistic economic system of marketing can be operated in a right way.In this dissertation, the analysis will start with the description of some basic theories; and some regulations about NCA in foreign countries will be used as references to analyze the efficiency of NCA and legal remedy. The most important part of this work is to discuss the problems of the relative legal rules in China. Based on this part, some suggestion will be put forward in order to ensure the improvement of the relative legal regulations in China.This dissertation concludes six parts, as follow:First part is going to introduce the basic theories of NCA, which includes the definition, history, basic principles and some recent existing researches in this field.The second part will focus on discussing the international investigations of NCA, which are the relative legal regulations based on Common law system and Continental law system. As well the influences of those regulations on China will be covered.Thirdly, it will observe the definition of the NCA's efficiency, including the common theories, the validity criteria and NCA's limitation.In fourth modules, the legal remedy issues about infringement of NCA will be discussed, which analyze the criteria, responsibility structure and methods of undertaking the responsibilities.The fifth part will be introducing the current situation of the legislation of NCA and analyzing the problems existing in recent regulations.In the final part, some suggestions will be covered for enhancing the NCA rules. In writer's opinion, the measures have to be taken in some aspects, as follow:To improve the legislation through putting forward a clear definition of NCA's legal status.To enlarge the protection scope of NCA appropriately.To legislate a explicit and efficient a set of compensation cost criteria, including how to calculate and pay; and perfect the methods to carry out the responsibilities while violating NCA.