Noncompete A Number Of Legal Issues Research

The system of prohibition of business strife, which is stipulated by the law of most of the countries, is an important measure to protect business secret, other information of trade and capital of manpower. It is becoming more and more important in information times now. It is necessary to study the system because it is not perfect in our country now. The system of this article is the following:Part Ⅰ Redefine the conduct of business strife. In this part "dealing for oneself or others" and "the similar business" is defined. The conduct of competition is composed in relation to the new position and practical conduct but not the new relationship. Prohibition of business strife after demission, which is divided by the reasons of demission, is not applicable for Legal Prohibition of business strife. Whether there is a competition relationship should not be judged by the operating range approved and registered.Part Ⅱ Rethink the scope of the person who should be prohibited. The qualification should be that there must be some legal relationship between them and the information of enterprise must be mastered by them. The person who should be prohibited should be separated by Legal Prohibition of business strife and Promissory prohibition of business strife. And the qualification of directors, senior managers, shareholders, partners and other persons will be argued.Part Ⅲ Study the rationality between right of management and right of seeking a new employment. In this part rationality of prohibition of business strife will be argued by the compare of order and liberty, by analyze of reasonable restrict and reasonable compensate of compare law, by analyze of cost-benefit in economics, by analyze of the case of Microsoft v. Kaifu Li.Part Ⅳ Analyze the particularity of the quality and the effectiveness of the contract of prohibition of business strife. It can be divided into contract of employment and general civil contract by different persons who should be prohibited. The qualification of contract of prohibition of business strife are the relationship between persons who should be prohibited, the benefit to protect, reasonable restrict and the clauses of reasonable compensate.Part Ⅴ Analyze the particularity of the remedy and liability of prohibition of business strife. It is not a self-existent form of liability. Legal Prohibition of business strife should be applicable to liability of tort and Promissory prohibition of business strife should be applicable to liability of tort and breach of faith. There may be elective of liability between tort and breach of faith and between prohibition of...