On Legal Regulation Of Prohibition Of Business Strife

With the development of market economy, competition is becoming increasingly fierce, the prohibition of business competition into a curb disorderly competition, one of the effective means to protect business secret. In the implementation of the prohibition of business competition, the balance of the trade secrets of the employer and worker rights protection, employment right, have important significanceThis article referred to the prohibition of business strife to prevent workers after separation of divulge the commercial secrets of the employing entity, or the laborer to the original employing unit there is competition between the enterprises, the original employer in order to protect their own interests and the implementation of a measure. The prohibition of business competition in protection of trade secrets for the purpose, is the commercial secrets of self protection mechanism. It is limited to some degree by certain people to disclose or right to use the commercial secret opportunities, from the roots of containment of the commercial secret way, so as to achieve the purpose of protecting commercial secretsAlthough China’s" labor contract law"," individual proprietorship enterprises law"," partnership enterprise law"," commercial bank law"," Sino-foreign Joint Ventures Law Implementation Regulations" have on Prohibition of business strife provisions, but these Provisions, dispersed in the laws and regulations and department rules and regulations in, did not form a complete and unified the legal system, and the principle, general stipulation is too general, the lack of a comprehensive, authoritative and coordination, the specific operation is not strong, it is difficult to apply in the judicial practice. The existing laws and regulations on Prohibition of business strife, the main scope of compensation, in violation of prohibition of business strife prohibition of business strife liquidated damages, the protection of commercial secrets of the relief way and so there is no specific provisions. The dispersion of the laws and regulations of the effectiveness and influence far can not meet the social development and needs.The western developed countries on Prohibition of business strife mature system and experience for our reference. Prohibition of business strife first appeared in USA, and obtained the case admit, subsequently, the prohibition of business strife in abroad to become a popular commercial secret protection. As a common law represented the United States in the protection of commercial secrets is the most sufficient, in practice experience is also richest. As the representative of Germany, Switzerland civil law on Prohibition of business strife developed a very comprehensive and rigorous system. Our country should draw lessons from foreign these mature experience and practice, in order to perfect our country’s system of non-competition is insufficient, as early as possible to formulate a national law to regulate the system of prohibition of business strife prohibition of business strife, the concept, subject, object, standard of compensation, the duration of application conditions and other issues make rigorous rules.