Study Of Non-competition Legal System

The modern intense commercial competition evolves the human resources wrangling over day by day. The competitor use the personnel captures the business secretes make us have to pays attention to the resources wrangling. The prohibition of business strife 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 also necessary to maintain orderly competition. The prohibition of business strife is a sort of restriction, under certain circumstance, against competition actions taken by those who have established a particular relationship with oblige. The basic classification of the prohibition of business strife is statutory prohibition of business strife and promissory prohibition of business strife: Directly from the legal obligations of is the former, while the latter is from contractual agreement. The prohibition of business strife theoretical basis are economic "agency costs "theories and legal obligations from the principle of good faith. In China, this mechanism is still suffered from the non-unified legal system and unidentified restriction content. Hence, it demands a legal consideration to unify and improve this mechanism to justify its operation afterwards. For example: the law should make the appropriate compensation for the employees which should be in accordance with their rights and duties.