Study On The Legal Effect Of Non-competition Agreement

Nowadays, non-competition institution is applied wildly in labor law field of China. Enterprises usually signed non-competition agreement with employees or specifically agreed non-compete clause in the labor contract to protect its trade secrets. In order to avoid redundancy, such measures of protecting commercial secrets are collectively referred to as non-competition agreement in this article. However, due to the absence of legislation in our country, an increasing number of non-competition disputes arise in judicial practice. Whether the effectiveness of the non-competition agreement to decide how to meet the needs of the labor legal system construction, to promote the construction of harmonious labor relations of both sides of labor and capital. This paper mainly discusses the legal effect of non-competition agreement within the context of "labor contract law".This thesis consists of five parts.The first part is interpretation of the classic case. Through reviewing the typical cases of non-competition agreement in the field of labor law, problems hidden behind the case of the non-compete agreement are thinking deeply.The second part is the basic theory of non-competition agreement. Basis on the origin of non-competition, the writer try to analyze concept and the characteristics of non-competition system. According to the characteristics of labor law, the writer try to find the value and the conflict of interest of the non-competition agreement in the field of labor, in order to analyze the effectiveness of the non-competition agreement.The third part is analysis of factors which can influence the legal effect of non-competition agreement. From the perspective of labor laws, some factors such as the subject range and scope of application and domain, object range, economic compensation, remove labor contract causes were analyzed, in order to clear their position and role in the non-competition agreement.The fourth part is the relevant legislative status about non-competition agreement. Through learning the labor law, labor contract law, department regulations, local regulations, the content of the judicial interpretation, the author try to analyze the existing defects of the legislative status of non-competition.The fifth part is mainly about how to perfect legislation of non-competition. Combining with the above legislation and judicial practice in our country, the factors which can influence the legal effect of non-competition are divided into two types.one is the legitimacy elements,the other is and rationality elements.Finally, the author arise the review standard of the legal effect of non-competition agreement.