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Study On Not To Compete

Posted on:2009-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:H Y JiangFull Text:PDF
GTID:2166360272990190Subject:Law
Abstract/Summary:PDF Full Text Request
China's new "Labor Contract Law" Section 22, 23 and 24 pairs of the main research center, scope, geographic, as well as compensation for ways to make clear rules which regulate the good growing reality The research center controversy, the law makes these disputes. However, the research center of China's legislative system is not the system, the target system and the protection of the not to compete agreement that effective standards still exist in the legislative defect.In this paper, research center and the protection of commercial secrets of the relationship, a research center on the meaning of nature and legal basis. This paper also focuses on a research center in the protection of commercial secrets is a necessary complement to, and through comparison and evaluation of the law on extra-territorial law and practice on the system requirements as well as a research center on China's current research center is legislative and judicial system to the inadequate the refinement of the system.The full text is divided into five parts, as follows:Introduction of the main topics discussed papers on the background and significance of the main thesis research, study, research methods as well as the expected research results.Chapter 1 research center in the general analysis systemThe main part of the meaning of the system including research center, nature, and the relationship between the protection of commercial secrets and its legal basis. Part of the innovation in the research center and the protection of commercial secrets relations. In my view, no compete system in the protection of commercial secrets than the traditional commercial secret protection system has advantages and research center in the target system is not limited to the protection of commercial secrets, commercial secrets, but also the legitimacy of the employer's interests.Chapter II research center outside the law and practice of comparative study Comparison of the main part of the common law and civil law legal system several more mature system of the relevant national research center in the legislative provisions and practices. The author hopes that by comparing the method can improve our system from the research center Enlightenment role.Chapter III no compete agreement and recognition of the standardizationIn the second part of this chapter comparison study of the method of induction and refining. Both part of the no compete agreement that put forward the principle of effective standards, but also in regulating the research center system to the specific considerations are discussed in detail.Chapter IV research center in China and improve the evaluation systemPart of the system from China's research center in the existing legislation and practice about the shortcomings, targeted two from the Legislature and the Judiciary, from the micro and macro levels, and improve our research center in the proposed system.Part V conclusionConcluding remarks on no compete agreement in the socio-economic life of a large number exists, the system provides inadequate, resulting in co-different judgments in the cases occur from time to time, both employers and employees and the community can not effectively balance the public interest to study the system has become necessary research center.
Keywords/Search Tags:Not to compete, Trade secrets, Perfect system
PDF Full Text Request
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