The Study Of Legal Balance System Of Prohibition Of Trade Strife And Career Choosing Freedom

In the background of the international economic integration and the rapid developmentof high and new technology industry, the legal protection of trade secret based on laborrelationships has become the core issue of all the problems about trade secret protection.Prohibition of trade strife has provided a pro-protection method to safeguard the trade secretsof enterprises. While the conflict including in the system gives rise to the argument of thebalance between labor right, career choosing freedom and public social interests.Thousands of studies on the prohibition of trade strife have published in the past decadesand the heat has passed. However, the legislation of prohibition of trade strife in our countryare still defective leading some disagreement in law application in this area. Among all thesebarriers, the conflict between prohibition of trade strife and the career choosing freedom is themajor contradiction. How to keep the balance of labor right, career choosing freedom, tradesecrets interest and public social interest, how to deal with the erosion of labors’ careerchoosing right in protecting enterprises’ trade interests, and how to achieve the point of justbeing fair are the questions we should focus on.This article is divided into four parts in presenting the main substance besides theintroduction and the conclusion parts.Part I: The yield and system value of prohibition of trade strife. Based on the origin ofthe non-compete system and the evolution of the system, this part points out the connotationof modern non-compete system is the general non-compete obligations between employeesand employers in the view of labor law. And then discusses the systematic sense.ofnon-compete in the protection of commercial secrets, the maintain of fair competition orderand the guard of the contract spirit.Part II: The legal conflict between prohibition of trade strife and career choosingfreedom. This part is the key point of the theoretical analysis in this paper,explaining thereason and its formula of the conflict between non-competition and career choosing freedomin three aspects: the particularity of the career choosing freedom, the restrainsnon-competition acting on choosing career freely and the limited compensation thatnon-competition made to career choosing freedom.Part III: The legislative principles of balancing the interests between prohibition of tradestrife and the career choosing freedom. Based on the former part, this part is going to summarize the legislative principles and general position in realizing the balance of twointerests, guide the juridical practice dealing with the two special interests properly, so as tocoordinate and ease the conflict of the two.Part IV: The regulation measures in realizing the balance of prohibition of trade strifeand the career choosing freedom. In the guide of general legislative principles, this part triesto simulate constructive clauses of the prohibition of trade strife in the basic form, content,condition for validity and discharge of non-competition agreement from the microcosmic andspecific angle.