Research On The System Of Prohibition Of Business Strife Of Labor

Prohibition of Business Strife(POBS) is also named compete industry evades stops (Japanese custom),to compete industry gives way to traffic,the same business to forbid,to compete industry the limit.Modern system of POBS rooted from agent system of civil law,which Evolved to Trustee system of corporation Law at modern times.And the development from Trustee system of corporation Law to Modern system of POBS Has experienced a process from specialness to general.The system of POBS plays a very major role in the effective protecting business secret of enterprise,defending the reasonable order of market economy,promoting sustainable development of economy and technical aspects and so on.But because this system also involves to the intense conflict right between the right of work and the Employer's right of management,the enterprises' individual benefits and the social benefit of encouraging human resources flowing and so on,from the beginning to now,The system of POBS has been developed in the challenge and Approval.There is still some challenging voice even today.But generally speaking,POBS is a progress of relations of workers and employers in the market economy environment.Its advantage is bigger than the shortcoming.Especially in the environment in which market economy is prosperously developing,people's employment way changed tremendously,"changes job","wins over a popular actor from another company by offering higher pay" and so on has been common,and it also already has been a ordinary,A person concurs two duties even several duties.How to balance between worker's right of work and Employer's right of management,how to protect workers' right of independent choosing profession and the employers' business secret at the same time, Defends the benign competition order in the entire socialist market economy environment, and enables the entire social economy technology obtain the sustainable development,which has become a significant content in the legislation work about labor in many countries.Many countries gradually realized the important function of POBS,which plays a great role in restraining the disorderly competition and making a market order.Now,many market economy developed western nation confirmed POBS in the law.But the concrete implementation respectively has the difference according to various countries' national condition.The UK-US legal system countries' stipulations about compete industry the active mostly appear in some legal precedents.And the mainland legal system countries' written laws mostly carry on the complete stipulation.Meanwhile,various countries' theory educational world also made many practical and used for reference theory inquisition about POBS.Our country also has the related law to carry on the standard about POBS,but regarding the concept of POBS,our country law has not carried on the quite unified limits. Therefore no matter in the practical realm or the theorists world,there is no mutual recognition about the concept of POBS.At present,in the theorist world in our country,the mainstream viewpoint about the concept of POBS is carrying on the limits from generalized and the narrow aspects.The generalized POBS refers to forbid the specific behavior which has competitiveness to the specific business,and refers to according to the legal rule or the litigant agrees an oblige side is authorized to request a volunteer side not to carry on a competition behavior aiming at him in certain deadline.The narrow sense of POBS refers to the prohibition to the specific person's competitive specific behavior who has specific relational with the specific business,and refers to an oblige side is authorized to request a special person who has a specific civil legal relationship with him not to carry on a competition behavior aiming at him.The system of POBS this article discussed is the concept in the narrow sense,which is only restricted in the relation between the employer and the employee.In addition to the full analysis of the related elementary theory of POBS,Using historical analytic method,comparison test and economic analytic method,inquired into the other market economy developed countries achievements of POBS,Unifying our National condition of Socialism initial stage market economy,this article Carries on the concrete consummation to our country's system of POBS.In structure and content,This article divide the research of the system of POBS into three parts:The first part refers to the elementary theory about POBS,which including three sections. The first section is the outline,which form the angle of evolving history Analyze the meaning of POBS and the relation between the labor POBS and POBS,and from this we can draws out several big basic legal characteristics which the worker competes industry forbids to have; The second section analyzes the intense conflict between the right and benefit which the system of POBS has to face,which is the reason why the POBS is denounced,including the conflict between enterprise right of management and worker right,the enterprise personal interest and the social benefit of encouraging the human resource flowing,Worker general technology and the technique relating business secret,comprehensively realizing the positive and negative effects which come from POBS;The third section comprehensively analysis the rationale of the existence of POBS form the aspects of morals,economic,legal science and so on,and Proves the value of the system of POBS from the angle of Effectively protecting the business secret,order of Market competition,the sustainable development of economical technical,and establishes the system's validity.The second part,using comparative and analysis methods,embarking from the two situations of on-job POBS and quit-job POBS,take British,American,German,France's related law competes as the example to elaborate economically advanced country's system of POBS,and carry on the comprehensive elaboration about present situation of our country's system of POBS.The third part include two sections.The first section analysis several major problems existing in our country's system of POBS,basing on the first and second parts.The major problems includes following:the stipulation about the concept and suitable the condition of POBS is unclear,which provides the possibility of abuse;there is conflict between laws;laws are too principle to operate.The second section puts forward the proposals to the problems of our country's system of POBS.This section firstly carries on a brand-new limits to the labor POBS,and determines the scope of should protecting benefit of enterprise,which helps to solve the most major problem of abusing.It also established several major principles of legislate of POBS,including equal rule,benefit balanced principle,reasonable limit principle, value compensation principle,social public interest first principle,the reason of leaving job not to affect the provision of POBS principle and so on.It carries on standard in principle to the system of POBS and refinement stipulations taking the principle as the direction.It also restructures the system of POBS,making the system Concrete,unitizing and operational from two major angles of on-job POBS and quit-job POBS.This part is for the purpose to provide the reference for consummating our country's legislation.