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Study Of Non-competition System

Posted on:2009-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:J Q WangFull Text:PDF
GTID:2206360272989049Subject:Law
Abstract/Summary:PDF Full Text Request
No compete was originally developed capitalist countries by the employer to the employee to take the secret to protect their business for the purpose of a legal protection measures. As the countries in the world of fierce competition in the market, increasingly expand its scope of application, has become the major developed countries to legislate to protect commercial secrets of the important means, but also become an important legal system. As China's socialist market economy gradually promotes the building, civil entities than ever before with unprecedented freedom, especially the various market activities between the main inevitable fierce competitions in Yuxian. This is the inevitable development of market economy requirements, but this process also accompanied by many discordant voices: civil contract agreed by both parties to ignore the free and competitive business practices, many areas were state of disorder; staff in order to get more revenue, Arbitrary exercise of the right careers, with the former unit of commercial secrets "switch"; units to prevent the disclosure of commercial secrets, and ensure the stability of the staff to undue restrictions on labors rights; Some businesses lured by other merchants have commercial secrets of staff The method, the illegal acquisition of the unit's commercial secrets. For their own interests above the main or compete with others to engage in improper, or unreasonable restrictions on the rights of others, seriously affected the socio-economic order and stability. How to adjust these actions, the civil subject to specific acts of reasonable restrictions to protect the two sides in a market economy under the condition of the legitimate rights and interests, we currently face is an important subject.This article from the following five areas discussed China's no compete system. The article first part of the introduction, during which the main topics on the research background, meaning and purpose of the study on the method of no compete system into the second on the logical starting point, the concept of the no compete dissection, analysis No compete features, analysis and consider the no compete system based on the theory, economics and law, mainly from two perspectives were analyzed. Part III is divided into, my noncompete legislative status of rational reflection, analysis of China's noncompete the legislative status quo, and reflects on the legislative status quo of China's no compete existing problems. Into the fourth and Comparative Law in the Perspective of foreign no compete inspection system, respectively, inspected the common law on no compete attitude of civil law countries and regions on the no compete provisions of the Taiwan region of China; section Five parts to improve China's protection of trade secrets in the no compete system concept, first of all explained in the field of protection of commercial secrets of the need for no compete system, and the following eight areas on the improvement of China's no compete idea. Concluding remarks for the last part of the full text of the general views were reviewed.
Keywords/Search Tags:no compete, comparison legal regulations, reflection, perfect
PDF Full Text Request
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