| In order to protect the trade secrets,the enterprises should restrict or prohibit"job hopping"by their workers.In the same time,it is the regulation of the Constitution and the Labor Law of Our Country that the workers exercise their employment right and their occupational selection freedom right.For the interest conflict between them,we need to find the best equilibrium point between different interests according to the Trade Secrets Law and the Labor Law.So society can establish the benefit balance mechanism,whose core is the scientific and rational System of Prohibition of Business Strife.There are many legal regulations of Prohibition of Business Strife at different angles,such as the company law,the Anti-Unfair competition Law,the Law of Labor Contract,and the Criminal Law.In the framework of the System of Prohibition of Business Strife, the compensatory payment of Prohibition of Business Strife ,as an important link of the agreement of Prohibition of Business Strife, plays a very important role in balancing the interest conflict between the workers and the enterprises.In contrast,there are still many uncertainties and controversies on the effect problem,the amount problem and the payment method in compensatory payment of Prohibition of Business Strife in the judicatory practice in our country.Therefore,the study on the compensatory payment of Prohibition of Business Strife has very important significance both in theory and in practice.It is very necessary to deal with the case of the dispute of Prohibition of Business Strife in right way in real life.This paper bases on three typical case study,and refers to the relevant laws,the regulations and the judicatory practice at home and abroad.Then the paper makes a systematic discussion on the effect problem,the amount problem and the payment method of compensatory payment of Prohibition of Business Strife in our country and puts forward some personal rationalized opinions and suggestions. |
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