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The Rethinking Of Competition Prohibition Systems In Harmonious Society

Posted on:2007-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:W B AnFull Text:PDF
GTID:2166360218450982Subject:Law
Abstract/Summary:PDF Full Text Request
It has been an inevitable requirement for resources free flow in vital market economy, at the same time, as one of the important market resources, labor force had also needed to free flow and reasonable allocation. However, the free flow of labor force caused a large number of problems to breach trade secrets, and brought very severe challenges against trade secrets protection, and the competition prohibition system has become one important weapon to protect these trade secrets.On one hand, trade secrets was protected by law; on the other hand it also needed to protect the rights of employment choice for those workers, to guarantee the reasonable flow of labor forces and especially every kind of technical engineers and operational talents. So it becomes one problem needed immediate solution from law schools of China how to balance the interest relationship between these two sides.Law seeks for interests balance, the reasonable system of competition prohibition during trade secrets protection also seeks for one balance point among the rights of trade secrets owner, the employment choice rights and survival rights of employees and the market order under free competition (standing for public interests), it has important meaning to maintain fair competition order in market economy, to protect the legal interests of trade secrets owner and to establish one legal talents flow environment and frameworks.This paper starts from the discovering of trade secrets contents and characteristics, based on the reference of competition prohibition systems from abroad and combined with domestic practice and present lawmaking condition, it studies mainly from competition prohibition systems and its values, from the unbalance of fairness and justice of intelligent property protection, from the different performance of fairness ad freedom modification of civil and trade laws and labor laws, and from the conflicts between competition prohibition and citizen's labor rights, etc. By means of discussion divided in six chapters, it achieves related final conclusion and suggestions. The writer hopes, through deployed study and discussions, to discover and solve problems, for the purpose of lawmaking (for example to establish separate Trade Secrets Law and to revise Labor Law) becoming highly scientific and completed.
Keywords/Search Tags:Trade Secrets, Competition Prohibition, Labor Right, Employment Choice Right, Interests Balance, Harmonious Society
PDF Full Text Request
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