Study Of Non-competition System

"Non-Competition"is a sort of restriction, under certain circumstance, against competition actions taken by those who have established a particular relationship with the obligee. Being said, the obligee owns the right to require those who have particular relationship with the obligee not to compete with the obligee. As a preventive mechanism, Non-Competition has been proved an indispensable measure to protect entity's business secret. This mechanism was originated from the fidelity obligation of the acting agency. Nowadays, this mechanism has become a common practice in entity's internal supervision. It is well utilized in western countries, mostly by means of the Non-Competition Clause signed in the employment contract.Observing its present operating status in China, this mechanism is still suffered from the non-unified legal system and unidentified restriction content, etc. Hence, it demands a legal consideration to unify and improve this mechanism to justify its operation afterwards.This thesis analyzed Non-Competition mechanism from four chapters: In the first chapter, Non-Competition was analyzed based on the legal theories. After a brief introduction on non-competition's definition, content and its developing history, and from the point that this mechanism is a kind of restriction over human's freedom of job choosing, but in the mean time, it's a kind of protection over entity's business secret, I utilized some theories related to"conflicting rights"and"restrained rights", to ascertain this mechanism's justice. Further to that, I pointed that Non-Competition's target is to pursue a balance among citizen's freedom of job choosing, entity's business secret protection and the public interest retaining.