The Research On Question Of Business Strife Prohibition In Labor Contract

Prohibition of business strife is a key law system in each country of the world to adjust and balance interest and disorder competition of each market majority. In modern society, protecting commercial secret right and interest of laborer are both important. While to protect commercial secret is based on protection of assets right and development of economy promotion, but to protect laborer's interest is based on labor's right protection and its further survival protection. Prohibition of business strife can be classified as legal and promised ones. The article only studies the promised one of labor law. Owing to that prohibition of business strife system while protects business secret of company, it harms working right, liberty right and survival right of laborer. Therefore, whether the agreement of prohibition of business strife is effective or not, which actually is the conflict problem between working and liberty right of laborer and asset right of company. The article firstly analyses the basic problem and actuality and prohibition of business strife of labor contract, although the present law of the state have regulated basic content of prohibition of business strife, and there is no general law or regulations concerning about execution details but the administrative regulations of different areas, therefore, it develops differently due to area difference, which leads to conflict of talents flow having no area restriction; it secondly studies the problems related to prohibition of business strife of labor contract (such as main body of obligation, section bound, effectiveness of agreement, economy compensation) from the angle of comparison method and combining lawmaking and judicatory practice of other countries and territories, as a country of statute law, our state should clearly regulate judgment standard related to effectiveness and rationality of agreement of prohibition of business strife in the view of widely absorbing soul of prohibition of business strife of those western countries of statute law, and finally achieve the goal of application unity and balance of interest; in the end, it proposes suggestions on how to perfect related system of our country.