Research On The Legal System Of Non-competition

Prohibition of business strife itself between employers and workers for the benefit of game product, its appearance reflects the freedom of choosing the right employees and business property rights, law, justice and social and economic benefits, the overall interests and individual interests, development of developing countries and developed countries, property rights, protection and conflicts of interest. In the new "Labor Contract Law" and one of its thrust is to prohibit a specific relationship between the operators and operators who carry out the competitive nature of the business, in the Anglo-American law, a system similar to this, mainly in the "Trust Law "on the fiduciary duties, he incurs the obligations of the trust, of which a duty of care and duty of loyalty and its main content. However, the system of legislative norms in the Prohibition on the obvious hysteresis, which also led to various disputes relating to continue. Therefore, I tried the new "Labor Contract Law' from the perspective to explore the mature market economies in legal theory, related systems and institutional framework, and proposed the establishment and improvement of the conditions of reasonable non complete and implementation modalities, so in a within a more reasonable role. Overall, the article is divided into four parts:Part One, From the perspective of legal theory to analyze non-compete, non-compete fully explained the concept and constituent elements, a clear non-compete is to protect the careers of workers the right to freedom and survival, to establish the legitimacy of its existence. Further extended the prohibition of competition system should aim to the right of pursuit of personal free choice, survival and rights of trade secrets and the balance between the public interest.Part Two, Comparison of common law, civil law, and Taiwan between law on the Prohibition of understanding to explore the differences between them, without recognition of the limited understanding of this process, its existence is common reasonable limitation of non-competition system as a product of competition, the object of its limitations, scope and modalities must be clearly defined by law, no one can arbitrarily limit the right of workers and freedom of choosing the most basic right to life.Part Three, focuses on the development of non-competition in our current situation and existing problems, attributed to the current system of legislative provisions on the Prohibition is not uniform, the scope of protection over a single, provided there is a lot of empty broader problems, the lack of a certain operability. At the same time the attitude of this judicial practice is different.Part Four, with the new "Labor Contract Law," the relevant principles and legislative guidelines put forward a sound some of the recommendations of Prohibition. Clear the legitimacy and rationality of Prohibition, the harmonization of legislation of the guidelines and principles, as well as the new "Labor Contract Law" to make some improvement on the non-competition provisions of the proposal.