A Study On The Rationality Of The Scope Of Competition

With China’s increasingly fierce competition for talent， labor flows between theemployer have become increasingly frequent， master business secrets workers afterleaving the original employer， using the original employer’s trade secrets for theirown profit or for their own new owner for profit， to the detriment of the interests andprofits of the former employer. Signed non-competition agreements with employees，becoming one of the usual way businesses protect their trade secrets， but the actitself of both its non-competition agreement is reasonable， but also restrict the rightto free choice of workers and irrational factors restricting competition， therefore，how to coordinate the protection of the rights and legitimate interests of the enterpriseworkers are increasingly becoming the focus of attention， the rapid development ofthe market economy also requires the establishment as soon as possible，and improvenon-competition agreement and reasonable system to balance the interests ofprotecting the interests of companies and workers to achieve maximize the overallinterests of the community.This paper is divided into four parts.The first part introduces the basic status of non-competition and there is aproblem. Author，as specified time，geographical and other proposed legislation forthe problems in their own views，on the basis of the problems in the real conflict ofcompensation payment and competitive agreement，the lifting of the labor contractconflicts with competing industry terms， competing relationship with thenon-competition liquidated damages liability as well as their own jobs and thelegitimate interests of the enterprise balance problems and other issues，to do in-depthanalysis.The second part focuses on non-competition purposes. Starting from the conceptof non-competition comparison, leads with the theoretical basis ofnon-competition-related systems analysis and research，analysis of the system on thebasis of the existence and value orientation law. Non-competition carding process development，a clear purpose non-competition clause set.The third part through the study of foreign non-competition system，the summaryEnlightenment to China. References to the relevant provisions of foreign comparativeanalysis to identify the gap between China and foreign regimes， analyze therationality of the system consisting of the foreign non-competition， as well as ourneed for improvement.The fourth part is to improve our non-competition measures andrecommendations，the authors find a solution to the problem of balance between theinterests of the value orientation of enterprises and workers，for the laws andregulations does not provide links to further refine the unknown，Jingye restrictionson labor rights of workers and career of the right to freedom of intervention andrestrictions，unreasonable restrictions will inevitably harm the fundamental interestsof workers，impede rational flow of talent and even social development. Therefore，our non-competition how to establish sound and effective system to balance theinterests of both is an urgent need to address the problem. Finally，how to change andimprove the legal system in China related to non-competition.