System Of Chinese Prohibition Of Business Strife Improved

In July 2005, Kai-fu Lee as the vice president of famous Microsoft's resigned, and announced to join Google to be Google's global vice president and president of China at the same time,. Then Microsoft Corporation accused Google and Kai-fu Lee for violating prohibition of business strife agreements. The defendant Google filed a counterclaim ask the judge to declare the prohibition of business strife agreements signed by Microsoft's and Kai-fu Lee was invalid. Microsoft v. Kai-fu Lee case has aroused the attention and discussion for the prohibition of business strife. The effect of prohibition of business strife clause has always been controversial, how to understand the prohibition of business strife, how to balance the connection of trade secrets and employee's benefit becomes to be a current legislative problems.This paper is divided into four parts.Part I: By introducing Kai-fu Lee case briefly, this part analyzes the current disputes of prohibition of business strife: the effective scope of prohibition of business strife agreements, the relationships of prohibition of business strife and labor rights.Part II: this part elaborates the concept of prohibition of business strife, the effectiveness of prohibition of business strife agreements and other content, summarizes that the legal relationship of prohibition of business strife is relative, the restriction object is a special kind of competitive conduct and the main characteristic's obligations is particular and other characters. The effect of prohibition of business strife agreements must consider of various factors comprehensively. Signing the agreement must guarantee employees'freedom of contract and must be conducive to maximizing the interests of society. Due to the complexity of trade secrets, to detect and prove violations of business secrets is very difficult, so signing the prohibition of business strife agreements is a effective stages.Part III: This part analyzes the character of labor rights and the impact of prohibition of business strife on the labor rights. It is suggested that how to balance the contradiction between freedom of career choice and prohibition of business strife for prohibition of business strife to play its role better. Prohibition of business strife would damage the workers'right of choosing career freely, manifested in: increasing the cost of the workers'employment, impeding the free flow of expert, reducing the remuneration of workers. How to improve the system and how to play the real positive role of prohibition of business strife agreements are extremely important for maintaining worker's right to exist and employment or even for maintaining social fairness and justice. We must first review the contents of prohibition of business strife agreements, specify the reasonable extent of the legitimate interests of the employer, geographical restrictions and the time limits clearly, specify the compensate for prohibition of business strife and so on.Part IV: this part analyzes the law of prohibition of business strife comprehensively in China currently. It is affirmed prohibition of business strife effects maintain the interests of enterprises and employees positively. Some proposals on how to improve the systerm are put forward. "Corporate Law " made the article of directorate members and senior management personnel. "Partnership Law" made the article of the partners, "Labor Contract Law" and "Combating Unfair Competition Law" also made the article of prohibition of business strife. In addition, a number of departmental regulations and local laws has also made the corresponding implementation details on prohibition of business strife. Although these laws and regulations are defined the main-part, content and responsibilities in prohibition of business strife clearly, the legislative level is low and operability is not strong. The laws on prohibition of business strife should be revised and improved. The rights and obligations of prohibition of business strife, the scope of trade secrets and the applied conditions of prohibition of business strife should be specified clearly. It is suggested to introduce the principles of inevitable disclosure, constitute a special "Business Secret Protection Law". There will be some law and rules of prohibition of business strife to follow, so we can achieve the win-win situation of protecting trade secrets and safeguarding the interests of employees effectively.