Research On The Legal Prohibition Of Competitive Business Behavior Case Study On Judicial Practices

China’s relevant laws and regulations of the statutory prohibition of businessstrife system are more cluttered dispersed, and not form a unified system，and most ofthe provisions of principle only, for some criterion of specific problems, further more,resulting in such cases are heard in judicial practice, there are a lot of questions.Often the same court judge and different collegiate bench with the sameobjective facts in the case of the different legal fact judgment, even under the samelaw has come to different articles.To be sure, the causes of this phenomenon are various, due to the limited level ofthe author, in this article, I will only in the judicial practice of related problems, lookforward to in order to solve some confusion in judicial practice. Firstly in this paper,the analysis of cases the cause of action, using the identity of non-compete casejudicial cognizance, statutory non-compete shared the burden of proof case, refiningthe burden of proof shall bear the burden of proof, differentiation and the plaintiffproof and evidence that the defendant engaged in competitive industrial behavior,further emphasize on "business for yourself or to others","and to compete for thesame kind of business or by the business" way of evidence.In the amount of the compensation principle and determine the way afteranalysis, the author sums up the damages of non-compete case should take thecompany into the right to give priority to, offset damage of the purchasing iscomplementary principle to determine the compensation way, namely the statutorynon-compete obligation implementation illegal competition behavior causes a loss tothe company, the company priority, the right to the company in, after the exercise ofright of company in will not be able to make up for the loss to the company, thecompany can also according to not make up for the losses to the non-competeobligation of claims for compensation for damage.Although there are the basis of the above theoretical analysis, but the trialpractice for how to choose and apply the principle of the above rules and will not beeasy, in order to this trial with typical damage caused by the defendant to non-compete act company liability disputes, for example, will be involved in the caseof specific facts and legal issues, and combined with this paper has expounded ideasand contents of the above, the interpretation of such cases are some of the ways toresolve the problem.Expect to be able to on this basis, the author find out the existing relevant lawsand regulations and the defects of legislation, points out that the system exists in thelegislation gaps and omissions, finally the author puts forward some legislativesuggestions, advice and define standard of non-compete obligation, considering thesupervisors as the category of statutory non-compete obligation, power of clear asscheduled and damage compensation claims during the period of the statute oflimitations, further to determine the limits of statutory non-compete obligation, etc.The author thinks that the non-compete system, with development of marketeconomy and constantly to suit the judicial practice, the problems in practice, can besummarized by solution extraction, the formation of the law, eventually establish acomplete, systematic and operable system. If possible, it is better to write a speciallaws to regulate, combining with other department at the same time, strive to create amore scientific and reasonable legal system. Judicial practitioners should alwayssummarize and put forward suggestions in practice, the legislature should timelyjudicial interpretation of lag of legal provisions are formulated to improve andcomplement, to better play to the non-compete system lay a foundation to promotethe benign development of the economy.