The Elgitimate Non-Competition System In The Curent Company Law Of P.R. China

Whereas the legitimate non-competition is an important type of non-competition, the current law system in P. R. China has stipulated the legitimate non-competition system through the Company Law, the Law of Partnership, the Law of Commercial Bank, the Lawyer's Law, etc. This thesis will analyze relevant stipulations in following areas of the legitimate non-competition system in the current Company Law in P. R. China, which include non-competition obligation in the legitimate non-competition system, the scope of the legitimate non-competition object, the activities that the legitimate non-competition object shall not carry out, the relatively restriction system in the legitimate non-competition system, the company remedy system and so forth, expatiate the detailed content and legal characteristics of the major areas in the legitimate non-competition system in the current Company Law of P. R. China, analyze the legislation vacancies and legislation omissions in such system, and further discuss that the current Company Law of P. R. China may take following measures to reasonably improve the legitimate non-competition system in the current Company Law of P. R. China step by step, which include to regulate the definition and the detailed content of the duty of care, to include the supervisor into the scope of the legitimate non-competition object, to stipulate the legitimate non-competition period clearly, to improve the relatively restriction system in the legitimate non-competition system, to improve the company remedy system in the legitimate non-competition system and so forth.