Study About Prohibition Of Business Strife And Lawmaking Suggestion

Prohibition of business strife(POBS), has been a legal measure to protect commercial secrets in western developed country, which has been used popularly by the employer. With the development of the market-oriented economy, the areas it can used is increasing. Now it has become an important regulation In Civil Law. This article analysis the meaning of prohibition of business strife, the characteristic, the basic theory and so on, had pointed out the question of prohibition of business strife in China, and proposed some lawmaking suggestions.The first part of this article elaborated the elementary theory of prohibition of business strife. There are broad and narrow ways to define prohibition of business strife. However in this research, I define in the narrow way as to prohibit the competitive activities by persons who have specific civil legal, relations with specific business. Based on the legal rules or agreements between related parties, the obligation of prohibition of business strife is not to act. prohibition of business strife is confined in time and space. In order to further the concept, this article elaborated the prohibition of business strife legal characteristic. Prohibition of business strife duty originates to the legal rule or the litigant agrees, simply mentioned prohibition of business strife in law and the agreement prohibition of business strife.The second part has carried on the brief analysis to the prohibition of business strife system. This is not the focus part of this paper, The author through this part of analyses, hoped can further elaborate the prohibition of business strife theory, simultaneously foreshadows for the next prohibition of business strife theory.The third part is this article small key, carries on the analysis to the prohibition of business strife theory. Each system existence certainly is connected the theory strut, prohibition of business strife starts along with the capitalism development to produce, at present is more and more important. The first theory of prohibition of business strife is the honest principle and the faithful duty. The honest principle is an old principle, also is an important principle, is called in the mainland legal system "the king provision", has been standard all civic action. Employee's faithful duty is another legal principle of prohibition of business strife, it refers to the employee must be loyal to the employer. The legal fair idea is another legal principle theory of prohibition of business strife. The systematical value is to protect business secret and employment right, and to promote the top management, so that the business interest is protected eventually. The statutory prohibition of business strife obligation should be put on company inspectors and those who have opportunity to contact the business intelligence. The obligations of statutory prohibition of business strife include three aspects, namely, prohibition of business strife in the same profession , prohibition of business strife in concurrent business and keeping business intelligence from being revealed. Compelling regulations should be made. However, relevant parties can make extra agreement exempt from all or part application of regulation and legal obligation. At present most nations have admitted the legality of promissory prohibition of business strife. Based on the agreement, reasonable restriction in time, space and field should be put on obligators. Legislation on compensation and compensation standard are needed. It would not mean that the business activities would be invalid if the third party did not know the truth. There are two types of violating obligations of prohibition of business strife, civil obligation and criminal obligation. As there are some shortages in our legislation, examining and accomplishing of legislation on POBS are needed as well. Moreover, prohibition of business strife has some few economic strut, for example agent cost theory in economics.Fourth, fifth part is the focus of this paper. The law is the standard of real life, then we study the legal system also certainly not to be able to leave the real life. Therefore, through the above three parts of theoretical analysis, reality is this article's question. The fourth part focuses on the analysis the defects of the legal system. Part fifth, put forward some lawmaking suggestion.