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Study On The Conflict Of Rights In The System Of Prohibition Of Business Strife

Posted on:2016-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:M S LiuFull Text:PDF
GTID:2347330542475943Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The main purpose of the establishment of prohibition of business strife system is to protect the business secret,maintain the market competition order and social groups in the competition fairness and justice.Therefore,the prohibition of business strife itself has a huge system of value to our country.Non-compete legal protection system due mainly include:enterprise's business secret rights is equal to employment rights of workers,and social public interests.However,in practice,the conflict of prohibition of business strife which protect these three rights are often right lead between the three.Therefore,how to maintain a balance so that the interests of all parties is the main concern of this paper.This paper discusses the related concepts of the prohibition of business strife,and referring to the domestic and foreign scholars,and combining with the research of the scholars in our country,the related concepts,characteristics,value of the system of prohibition of business strife,the existing legal basis for analysis.On the basis of the rights conflict between the prohibition of business strife is analyzed.Secondly,this paper discussed several rights protected by the prohibition of business strife,and forms of conflict on the rights of the parties and the distance are discussed,the problems should be solved urgently in China's relevant laws and regulations.Finally,suggestions are put forward for equilibrium problems of prohibition of business strife in the conflict of rights,improve the legal system of our country,the contradiction of pertinent suggestions.Such as the scope of the prohibition of business strife compensation standard,the gold and the prohibition of business strife prohibition obligation subject to geographical restrictions.In order to improve the restraint system in our country,the interests of all parties is equal to each other.
Keywords/Search Tags:Prohibition of business strife, conflict of rights, public interests, trade secret, the right to equal employment
PDF Full Text Request
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