A Research Of The Non-Competition In Business Secret Protection

This paper started with several cases on non-competition dispute, made legal analysis and research on the key issues of business secret protection and its effect on employee's labor rights with convent not to compete.Firstly, this paper introduced three typical cases of DaLian GaiLun Center, Nike China Company, Micro Software Company to bring forth the dilemma of convent not to compete in China. Secondly, this paper introduced the concepts, types and characteristics of not to compete system. After that, this paper made an analysis on the concepts, scopes and limiting conditions of the employer's business secrets.Subsequently, this paper made research and analysis on the effects on employee's labor rights by non competition. If let employers enter into convent not to compete with employees, the labor rights of employees will be sacrificed and the interest of the public will be damaged. So it is necessary to restrict the use of convent not to compete.Based on the above analysis and research, this paper concluded that the object of convent not to compete is to protect business secret and maintain normal economy competition order, to avoid the damage on employee's labor rights by the reasonable limiting conditions, and to seek an interest balance among employer, employee, and the public.