Discuss On System Of The Prohibition Of Business Competition

To protect trade secret ,briefly speaking, the prohibition of business competition refers to the system which prohibits the action of directors, managers or employees of companies who have the same or similar business with the company they work for. Some of the obligation of prohibition of business competition is regulated by law, but some are regulated by agreement.The original intention of establishing the prohibition of business competition is to protect business secret. As time going, the conception is filled with new meaning of prohibiting unfair competition. It comes from agent system in civil law originally, then evolves the advanced form of directors of company. Restrictions of prohibition of business competition on directors, managers by modern company law are quite normal.With no special law about prohibition of business competition, legislation of prohibition of business competition are scattered in different class of law and regulations. Not only judicial practice but also legislation practice has shortcomings.To balance the interests of employees and protecting trade secret is always the purpose of system of the prohibition of business competition.Herein author tries to consider over and put forward suggestions on related problems of prohibition of business competition.