Legal System Of Non-competition Agreement

With the development of economic regionalization and globalization of trade, market competition intensified year by year, personnel flow between enterprises have become the norm in one of the self-regulating market. At the same time the flow of talent caused by the leakage of trade secrets crisis began to threaten the economic interests of the former employer and market competitive position.In recent years, China’s new industries and high-precision technology began to flourish.The importance of science and technology and trade secrets gradually discovered by people and treated as an important resource, but also the survival and development of the key elements. A valuable technology or trade secrets are likely to make a business survive and even back to life.China’s reform and opening up a short time, Trade secrets and technical resources are not protected. Because of their special nature, in the past, after the legal remedies often can not effectively protect the rights of business interests, so in order to safeguard the legitimate rights and interests of enterprises, China’s urgent need to build a complete system of non-competition. Non-competition system is the employing units to take to protect their trade secrets of the main ways, you can also protect the normal order of market competition. Other country in the non-competition regime has started long ago, and made a lot of valuable experience and achievements, it is worth learning from.China’s "Labor Contract Law" was promulgated and implemented, in the main competition restrictions, scope, location, duration and mode of compensation has made a provision, followed by China’s "labor dispute on the trial of the case law applicable Interpretation of Several Issues (four)."(hereinafter referred to as "judicial interpretation (four)") also gave a number of detailed questions on the definition and elaboration.However, some individual provisions on the individual non-competition provision of China’s legislative system is still not clear, in many real-world problems is still missing.In this paper, several related systems involving non-competition point of interest groups to analyze one by one, to find out the root cause, analyze and solve problems.The article is divided into four parts:The first part introduces the concept of non-competition, characteristics, classification, the legal basic theory of non-competition and conflict with the interests of the balance of their rights.The second part introduces and summarizes the UK, USA, Switzerland, Germany and other major countries and regions of non-competition system status, and on the basis of analysis and comparison method with the use of Legislation and draw on China’s specific national conditions relevant legislative, judicial reference value.The third section describes the relevant provisions of China’s "Labor Contract Law" and "judicial interpretation (four)",and then analysis of the non-competition regime legislative situation.The fourth part is the key to the whole article,Research and explore how to modification and improvement problems involved in the "Labor Contract Law" and "judicial interpretation (four)" from the legislative judicial level. Innovation of this paper is to investigate the non-competition agreement with the study of the subject scope, geographic scope, timeliness provisions,liquidated damages made to the highest standards, study of two non-competition agreement Concurrence of Liabilities,set a new employer should bear joint and several liability,as well as special labor protection and labor advocates ways to resolve disputes.Non-competition agreement system have strong theoretical and practical characters, this paper adopts literature studies, comparative analysis, qualitative analysis method as well as Functional analysis, through the survey to obtain relevant literature, it takes workers, employers and social public interests of three parties as a foothold, comprehensive analysis of therelevant literature,horizontal comparison of the relevant national and regional legislation, theanalysis of thenon-competition agreement system provides the status quoand existing problems, the last put forward the proposal of non-competition agreement system.