The Legal Thinking On Improving The System Of Prohibition Of Business Strife In The "Law On Employment Contracts"

The prohibition of business strife is one of the legal means that the employer protects its business secrets,which also plays an important role in maintaining a fair competition system at the same time.The statutory prohibition of business strife and the appointed prohibition of business strife are the main forms of prohibition of business strife on the view of the current legislations in China.The legislations on the statutory prohibition of business strife include mostly " Law of the People's Republic of China on Partnership Enterprise "," Company Law of the People's Republic of China "," Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures",and so on,however, the legislations on the appointed prohibition of business strife are mainly department regulations and local legislations so that the legislations on the appointed prohibition of business strife in the legal aspects has been absent in the legal system of China's system of prohibition of business strife.However,the promulgation and implementation of the " Law of the People's Republic of China on Employment Contracts "(hereinafter referred to briefly as "Law on Employment Contracts") make up for the lack precisely.Two provisions of this law are about factors of the appointed prohibition of business strife,such as personnel,scope, location,duration,economic compensation and its payment,and liability for breach of contract from Employees,which plays a clarified and unified role on the confused legal system previously and which is a great progress in the legal system of China's system of prohibition of business strife.However,the provisions on the appointed prohibition of business strife is not perfect,because this law is passed through negotiation by the multi-stakeholder,so that there are compromise and concession inevitably.Based on such a train of thought,after giving a general theory of the system of prohibition of business strife and the legislations on the prohibition of business strife of foreign countries,this thesis will mainly focus on analysing the controversial problemes in the judicial practice,consulting the legislations on the prohibition of business strife of foreign countries and correcting the defects through combining with the actual situation of our country,so that this law will be improved further and implemented better.In addition to the introduction and the conclusion,this thesis is consist of four parts:The first part focuses on the concept,character and classification of the system of prohibition of business strife,the current legislations of the appointed prohibition of business strife in China and the economic fundation as well as the fundation of law of the system of prohibition of business strife.The second part introduces the legislations on the system of prohibition of business strife in the United Kingdom,the United States,Germany and France firstly,and then uses comparative analysis to find out the reference values to our country.The third part mainly focuses on analysing the controversial problems in the judicial practice about the system of prohibition of business strife in the"Law on Employment Contracts",so that prepares for the after of this thesis.The fourth part is the emphasis of this thesis,which is about how to correct the system of prohibition of business strife in the"Law on Employment Contracts".The thesis establishes the tenet how to correct firstly,and then leams from the legislations on the prohibition of business strife of foreign countries,consults the legislation on the prohibition of business strife before the "Law on Employment Contracts"and corrects the defects of the system of prohibition of business strife in the "Law on Employment Contracts" through combining with the actual situation of our country.