Agreed Upon Non-competition Legal System Research

In modern society, laborers' employment form becomes the mutual choice from the former "the lifelong system "to the "the contract system ". And the laborers freely flowing became the universal phenomenon of the labor market .But each kind of laborers in domestic enterprise even during transnational enterprise flowing ,the profession and enterprise while enjoyed to the huge economic efficiency ,social efficiency while the human resources optimization disposition brought ,also was inevitable must undertake the commercial crisis which flowed based on the employees brings. Signing the promissory competing-for-job-prohibition agreement with employee becomes the enterprise to protect one of its business secret usual ways .But competing industry prohibition behavior itself already has its rationality ,also has limits the laborers freely to choose profession the power and limit competition unreasonable factor, at the same time ,exists encroaches upon citizen to laborers the rights and the interests hidden danger, thus also creates the violation on inevitable can to laborers benefit . Therefore , how coordinates the enterprise the legitimate benefit and the laborers right protection becomes the focal point day by day which the people attention ,the market economy rapid development similar request establishes, the consummation reasonable promissory competing-for-job-prohibition system as soon as possible , by balances the protection enterprise benefit and laborers rights and interests , the realization society overall welfare maximization.As we can see, reasonable human resource fluidity can inspire the economy, while impress the less-competitive employing units with fair human resource crisis. Actually, a laborer won't easily quit their present job if he were offered proper opportunity to exert his potentials. The promulgation of the labor law in our country takes both the interests and rights of laborers and the employing units into consideration, as individuals, the laborer is relatively weak and needs special protection, the affirmatives of labor resource is the power for the total economy growth. On the basic theory of promissory competing-for-job-prohibition system, this paper, through a comprehensive analysis of domestic and foreign promissory competing-for-job-prohibition system, in consideration of the reality of our country, analyzes the improvement of the stipulation of labor law and contract law, with a good faith to promote proper personnel fluidity.Besides the instruction and conclusion, the essay is divided into five parts.The first part is about the concept of promissory competing-for-job-prohibition and its characteristics. At the same time, it probes into the connection and difference between business secret protection and promissory competing-for-job-prohibition.The second part is about the basic theory of promissory competing-for-jo b-prohibition, therein it mainly deals with good faith principle and loyalty obl igation, comparative freedom theory and rights and obligations theory.The third part is about the prevail stipulation of promissory competing-fo r-job-prohibition, analyzing the defects of those prevailing stipulations from th e aspects of legislation principle, promissory competing-for-job-prohibition and dismiss of a contract.The fourth part is about the stipulations of promissory competing-for-job-prohibition in other country or region. In turn, it gives a introduction to relati ve stipulations in British-America law system, Romen law system and finally the Taiwan region law and orders.The fifth part is presumption about the relevant problems referring to promissory competing-for-job-prohibition in our country, therefore this part is the essence of this paper. Based on previous analysis, it proposes the plausible standard for the recognition of promissory competing-for-job-prohibition and discusses the prerequisite of the properness for the dismiss of the contract, responsibilities concerning each parties as well as the jurisdiction court.