Research On Non-Competiton Rule Of China

The non-competition rule has a history of hundreds of years. Various countries have adopted such rule in succession, aiming at maintaining the interest of the market entities. Meanwhile, comparing with other systems, such rule plays an irreplaceable and unparalleled role in constraining cut-throat competition between various market entities. The non-competition rule is the inevitable result of history. And in the context of market competition being white-hot, such rule has been applied to divergent domain of economic life. Further establishment and improvement of the non-competition rule is the requirement of the future development of market economy. Recently, the significance and superiority of non-competition rule has been fully realized by most countries, and has been adopted as a vital way to preserve commercial secrets.To the maximum extent, this rule can also promote the realization of the fair competition, and can increase input in the talents and technology by the employers. At the same time, the non-competition rule militates greatly on the business interests of employers, labor right of employees, independent right of choice of word and even the right of survival, and public interests. It becomes a fresh new research direction as for the field of labor law that how to balance the interests of varied market entities how to assure the rational use of non-competition rule in the market-oriented economy.In consequences, a deep-going analysis and research on non-competition rule will help purify the market circumstances and support for the healthy functioning of market-oriented economy. With the basis of the research and studies of the theory of non-competition rule, this dissertation arranges the basic concept, clarification and characteristics of the rule. Then I’ll analysis the reason of its origin. Besides, some regulations of foreign countries will be used to compare to find the flaws of Chinese regulation about the rule. At last I will provide some assumption and suggestion for improvement of the relative legal regulations in China and I hope this suggestion will play a role in practice of the non-competition rule.