Legislative Research On Prohibition Of Business Strife After Resignation In China Abstract

Since the reform of our economic, the planned economy is turning into the marke t economy, and also the flowing of commercial secrets is speeding up with the mobilit y. So it is gradually important for us to protect them. Prohibition of business strife is n ot only an effective method for modern companies to protect their own legitimate righ ts in today’s market economy, but also measures to keep their business secrets by mea ns of limiting laborer’s right of selecting jobs.The relative laws are involved in three fields of law. With the enactment on labo r contract, prohibition of business strife in the sociological jurisprudence has been a gr adually enhanced legislation. In spite of this, there is still a long way for us to perfect t he law, especially the limitation after someone leave the firm. I am writing this thesis for balancing the benefits between employers and employees. It consists of three partsThe first section briefly describes the concept of non-competition, and guided by the concept of classification and make the interpretation of which relates to the concept of competition restrictions, laid the foundation for the later discussion.The second part describes the legislative status quo, Europe and the United States and China’s Taiwan region competition restrictions analyze its legislative intent and the actual situation of the local.The third part and the fourth part are the core of this article. The third part of China has the status of non-competition legislation cited lack of description of non-competition legislation, especially after the departure of the non-competition legislation. Thus, expand legislative legitimacy and reasonableness of the analysis of competition restrictions after termination.The fourth part focuses on China’s non-competition legislation recommended way, the protection of the agreement, third party liability, legislative unified association, agreed to the recommendations of the non-competition system and other related issues, respectively, from the legislative approach, the degree of legislative intervention, the agreement signed other eight aspects of the proposal. Mainly aimed at the social legislation of our non-competition legislation to regulate, in line with the characteristics of combining mandatory and any legislation to strengthen the self-coordination of both employers and employees, and also stressed that all parties involved in the protection, the establishment of market adjustment, Government protection, supplemented by the harmonious labor relations.