The Contrast Research On Prohibition Of Business Strife In Business Secrets Protection Between China And American

Being a product of the development of market economy, commercial secrets enjoy significant influence on the survival and development of enterprises in the market competition, and it is an important method for enterprise forming and keeping competitiveness. However, usually the holders of commercial secrets are the senior managers and technical talents inside an enterprise, who will be pursued by the competitors no matter how much the cost it is. Therefore, enterprises usually set up relevant clauses to restrain the staff shifting to the competitors' enterprises. Thus, the formulation of laws and regulations of protection of commercial secrets turns out to be very important.The system of forbidden to do the same business 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 be used is increasing. Now it has become an important regulation in Civil Law. The system of prohibition on competition in same industry has been more reference for judging if more widely adopted. The important prohibition is effective or not is the reasonability, which is also a principle shall be complied with in the actual application. Its function can only be effectively exerted by well grasp of targets, objectives, scope, time and compensation fee, etc. as well as the organic combination of prohibition on competition in same industry and other protective methods.At present, we haven't established complete legal system as to the legal stipulation on the protection of business secret and the prohibition of business strife. In jurisdictional practice, how to protect the business secret efficiently, and how to defend the workers' legitimate rights and interests fully, have been a law contradiction which need to be solved urgently. I believe Business Secrete is the keyword that decides the competitive power of enterprises in the market. To protect the sound development of enterprises and to preserve the order of the competition in the market, we should establish and perfect the legal system of the protection law of business secret as soon as possible,in order to correspond to the improvement of the world.This article has an overall compare between the prohibition of business strife system of China and American used the research method of contrast, with expect to get a deeper understanding of the theories foundation and practice of prohibition of business strife. It's also in order to apply some useful experience to consummate the relative system of China.