The Research On Legal System Of China’s Post-employment Restraint

With the establishment of socialist market economic system and the rapid development of Chinese economy, the role of trade secrets is becoming more and more important for the development of enterprise, and becoming an intangible assets for survival and development of corporates. Meanwhile, with the unprecedented growth of people’s rights consciousness and sense of competition, frequent movement of personnel and the rational allocation of human resources have brought huge economic benefits to individuals and businesses, and promoted the development of market economy. Meanwhile, there are a series of social problems, particularly the frequent movement performance of human resources can inevitably result in the disclosure of trade secrets and lead market competition into a state of disorder.By signing non-compete agreement with the outgoing workers enterprises can protect trade secrets. This also means that the labor rights of workers are kept within a certain limit. Therefore, to balance the interests of workers, businesses and public interests, we should leave the non-compete limited within a reasonable range, and designed to play an active and effective role under the guidance of laws. Although the "Labor Contract Law" provides fairly systematic and comprehensive regulations for the employment non-compete, there are still many problems and obstacles in legislation and practice. Thus establishing a comprehensive system of potential employment non-compete is urgent and imperative.After reviewing relevant literature, this paper provides in-depth analysis and discussion both in theory and practice perspectives. Learning from advanced foreign legislative and judicial experience, I applied that with China’s specific national conditions. I discussed the shortcoming of of employment non-compete using comparative analysis and cross-analysis methods, and provided some suggestions for its improvement. This paper consists of four parts focusing on the legal system analysis of employment non-compete.The first part describes the conflicts between the rights of trade secrets protection and labor rights, points out the necessity of leaving non-compete system existing, then analyzes the theoretical basis of employment non-compete system from the point of view of economic law and jurisprudence.In the second part, empirical analysis is conducted on non-compete system. This section describes the relevant provisions of the current system in China, and points out the legislative and judicial shortcomings in the existing legal provisions.The three part is talking about some plausible solutions. Based the discussions in the previous parts, some suggestions are recommended to improve the legal system of employment non-compete. These recommendations are innovations and core of this paper. As a master student, views on some issues are still debatable, but hopefully these suggestions for improving the legal system of employment non-compete can contribute to the literature.