Research On Problems In Non-competition Laws Application

Non-competition is a rule which is built up to protect commercial secrets and is a main means to limit the works’liberal employment right.It evolved from the faithful obligation of the agents system and gradually becomes a universal system, also be continuously expanded. According to the different basis, non-competition would be divided to legal prohibition and promissory prohibition. The former derive from legal regulation, such as Company Law. The latter derive from the agreement between the companies and labors. The aim is to protect the commercial secrets, to avoid illicit competition.With the rapid development of knowledge-based economy and science in the contemporary society, the non-competition, as a presumed system of damage-prevention, plays an irreplaceable role in the protection of commercial secrets. In Common Law System most of non-competition rules were built up from cases. Because of case-law’s flexibility and promptness, on the non-competition rules’ application, business’trade secret right, the right to free choice of profession and social public interest would be protected and balanced in time. Most of the Civil-Law System countries have non-competition rules in their codes, in "The Swiss Federal Code of Obligation", there are detailed and deliberate regulations of the main scope of the application, time, place, reason, liability for breach of contract and the time of the contract termination. Then the non-competition rules would be easier implicated and more useful for society.The non-competition rules in our country there are various levels of legislative requirements and have wilder application. The existences of non-competition provisions of the legislation is not uniform, too abstract principle, interest conflict between employer and employee, the lack of operational and other issues. In the application of law, there are many controversial cases. In order to better serve the legal community, better implemented; better solve the dispute in the application of law. This article mainly study on the defect of China’s legislation and the application of law and the corresponding sound to explore. Such as to reunified non-competition legislation, to strengthen the guide role of the principles in the justice practice, to improve the effectiveness of non-compete agreement in the judging criteria, to improve the valid non-compete agreement terms, to strengthen the role of the balance of interests principle in the use of judicial practice, to improve the relief remedy prohibition and so on.