Study On Legislative Issues For Prohibition On Business Strife

In market economy, both natural person and corporation have right to freely do anything they want, such as choosing their employment, employee and investion or deciding the range of their trade. However, in fact, people only could freely work on any jobs except for some prohibited by law. In other words, employers forbid their special staffs to compete with their own enterprises in the employees' incumbency period and their demission period respectively, which is prohibition on business strife to prevent obliger which is special related with oblige. Prohibition on business strife is the best way for the developed countries ' used to protect its trade secrets , It is very useful to purificate the market economy environment, to maintaine the fair competition order, to improve the enthusiasm of the employer or employing units in talent and technical input. But prohibition on business strife is relate with not with the employers and employing units' interests, but also with the employees of the right to work, and the right to freedom is closely linked to survival, etc.The developed western countries have long time been Legislation. But in China, this is only in recent years for this subject have been studied, and there is a number of deficiencies. How to coordinate the employer and employee conflicts of interest and eliminate all unreasonable competitive industry, it will be an important issue for the prohibition on business strife to be a reasonable limit to the extent necessary.This paper first define the meaning of the Jingye, Analyse danger to society of the Jingye, discusse the meaning and identity of the Jingye , In terms of economics, jurisprudence and moral perspective on the theoretical basis for the Prohibition of Business Strife; then, Discusse the Forbidding Legal Regulation of the United States, Britain, Germany, Japan and other developed countries, these laws will be divided into employment relationship continues to exist in the company's business competition and the termination of the employment relationship of competition Two industry ban and will be separately regulated, but the regulation of the content is different; Introduce the existing Chinese laws,such as "Labor Law" and the "Company Law", "partnership Law", "Personal owned enterprises Law " "Promoting scientific and technological achievements into Law," "Criminal Law" and And the state Labor "on the number of mobile workers in the", Notice Ministry of Science and Technology "on the amateur part-time technology staff of a number of issues," and "strengthen scientific and technological personnel technical secretary close some of the views of management "and some local laws and regulations,and other ancillary to the right,and in-depth analysis the main problems of the existing Regulation Act Forbidding, These issues include the lack of harmonization of legislation, laws and regulations related to the lack of systematic and coordinated,the Legislative too,lack of maneuverability, "Criminal Law" is ancillary to different ownership regulations, the Managing Director of the state-owned enterprises competing industry acts punishments of state-owned enterprises in other senior management staff were not criminal liability provisions right after the termination of the employment relationship Forbidding the rules were not reasonable; The author from the guiding principles of legislation, Legislation proposed two aspects of the statutory legislation Forbidding perfect; Also discussed The agreed with the legal nature of the effective elements; Finally, to explore the application of the ancillary exception.