On Prohibition Of Business Strife System In The View Of Protection Of Business Secrets

In recent years,the rapid development of China's economy.Market competition is becoming increasingly fierce.Companies as an important member of the market must have business secrets if the company want to occupy a place in the fierce market competition.And non-competition as a trade secret protection of a unique way,with important value.A trade secret is the technical information and business information on that can bring economic benefits for the oblige or that can help the oblige obtain advantages in competition and that the oblige can take security measures to protect.Trade secrets have such characteristics as they are secrets,inventive,practical and valuable.And a non-compete means that employees who have a specific obligation are not allowed to operate or operate for the same period of business as they do for a certain period of time after their employment or leave their jobs.The legal characteristics of non-compete are prohibited from the direct provision of the law or the parties' agreement,the rights and obligations of the main body of both sides there is a strong personal trust relationship,and the restricted behavior in a broad sense is a kind of unfair competition.Non-competition obligations is an omission and competition.There are certain restrictions on time,space and territory.According to the corresponding classification criteria,the type is divided into the legal non-competition and the prohibition of competition,the active non-competition and separation of non-competition.There is a logical relationship between the prohibition of competition and the protection of trade secrets,which is the prerequisite for the former,and the former is an important way for the latter.There are more legislation on the prohibition system in the view of trade secret protection in our country.It is mainly embodied in the legal provisions such as "Company Law","Labor Contract Law" and "Criminal Law".However,the law system has many problems in legislative and judicial practices.In legislation,China's non-competition system for the lack of uniform legislation,the legal system of non-competition system is too principled,the legal responsibility is not perfect.In practice,the scope of non-competition prohibition is narrow,the liability system is falsified and the judicial guarantee procedure is lacking.The revelation brought by the non-competition system in the view of the protection of foreign trade secrets includes:strictly restricting the applicable subject of the non-competition prohibition agreement,clarifying the reasonable amount of economic compensation and the payment method,introducing the unavoidable disclosure in the non-competition trial procedure in principle.With reference to the useful experience of the prohibition system in the United States,Germany,Japan and China's Taiwan,the non-competition system in the view of the protection of trade secrets in our country should be perfected from the following aspects:clarify the content of non-competition and determine the obligation of non-The main body,the establishment of non-competition to prohibit the judicial protection procedures and improve the corresponding legal responsibility.