Analysis Of China's Trade Secret Protection, Non-competition Legal Issues

Under the environment of market economy, enterprises, in order to guarantee their competitive advantages, have taken various measures to protect the business secret. The business secret mainly means that technical information and management information which is not known by the public, can bring economic benefits for the enterprises, has been taken secret measures by the employers. But employees are the main carriers of the business secret, the floating of professionals will inevitably increase the possibility of the business secret exposure. Hence, for the enterprises, limiting the employee turnover is one of the important measures to protect business secret. Signing the agreement of competition trade inhibition is most common measure to control the floating of professionals. The relationship between the protection of commercial secret and the system of prohibition of competition is not subordinate, but crossed. The common point between both is the effect for the protection of the commercial secret. However, one right must be enforced though limiting enforcement and realization of the others. The agreement of prohibition of competition limits the labor right to choosing job freely while protecting enterprise' s the right of business secret. The labor right is endowed by the Constitution and sacred and inviolable. However, what kind of the agreement must solve the conflicts between the right of the commercial secret of the employers and the right of choosing the job freely for the employees?This article will use the relationship between the protection of commercial secret and the prohibition of competition as starting point, and regard the conflict between the right of commercial secret and labor right of choosing the job freely as the core of the article to analyze deeply the problem of legal limitation of the prohibition of competition so as to discuss the legal problem of prohibition of competition of the commercial secret protection.