| With the development of modern market economy, the technology and the talented the person flow ability strengthen all greatly, knowing some kind of science and technology specialties' skilled personnel well especially, since the person is rich in enterprising spirit run after nature waits for a characteristic autonomously , make it's the wish being on the move especially more intense than general laborers; At the same time, since the person has more high-caliber and the professional knowledge, society is that the person has provided fairly good flow platform. Feasible manpower of the skilled personnel flow , technology comparing with other scientific and technological achievement of social resources not only beneficial to being tied in wedlock much better, conversion , horizontal rise of social productive forces; Also beneficial to skilled personnel individual values realization and the latent energy exploitation. But meanwhile, the skilled personnel flow righteousness of also may bring about confidential running off of commerce, but protecting the commerce secret being should have that society justice realizes. That the skilled personnel flows and the value that the commerce secret protects first, second conflicts is objective reality's. Benefit requiring that the legal system that one kind of benefit balances competes to forbid giving consideration to both first , second as far as possible impartially already as a result, right away, the best of conflict making great efforts to realize benefit balances.The main body of the book content is arranged for as follows:1st chapter has made conceptual description to "talented person" " Sic - tech Talents " , has summarized and analyzed the skilled personnel characteristic, the enterprising spirit and running after acting on self's own nature, and they make,The enterprising spirit runs after skilled personnel's acting on self's own nature waits for a characteristic, make the person is on the move becoming necessity. And summarize the characteristic about the skilled personnel flowing at present.2nd chapter, author wish to introduce the research for forbidding system with the discussion Sci - tech Talents flow and Protection of Commercial Secret. Firstly, is analyzed respectively in macroscopic and microcosmic fields. Secondly, value of commerce secret protection is analyzed from economics legal principle and morality. Finally, the confliction and harmony between and commerce secret protection is analyzed. How to coordinate the beneficial conflict of between the two, and inducing the thinking and discussing on Competing-for-job-Prohibition3 rd chapter, author has made comparative analysis to the concept of Competing for job prohibition mechanism firstly and has adopted the narrow sense in this passage.author spirit narrow sense competing has already forbidden a concept in the main body of a book , The basic theory of Competing for job prohibition mechanism has been analyzed from economics and legal principle, the right confliction existing in Competing for job prohibition mechanism and its use in protecting commerce secret has been explored. Competing for job prohibition exists as an important kind of means to protecting commerce secret, the exertion of this means is through Competing for job prohibition agreement mainly.this means bringing into play is mainly by competing to forbid coming true coming the agreement already.4 th chapter In chapter 4, owing to the objective existence of value confliction between Sic - tech Talents flow and commerce secret protection, and the realization that the law is modulator of balancing benefit, author has analyzed the legal rules actuality and existing problems of competing-for-job-Prohibition in Sic - tech Talents flow our country firstly, and has discovered experiences through making comparison to the law and guarantee abroad secondly.5th chapter, author will put forward to the perfect system suggestion on Competing-for-job-Prohibition in Sic - tech Talents flow our country through legislation and judiciary. |
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