The Theory Of Non-compete Legal System In Our Country

The rapid development of market economy and the trend of globalization,the flow of talent is greatly increased our country market economy,and the loss of talent is the main reason for the commercial secrets.As a prior prevention of non-compete system is crucial.But in judicial practice,between enterprise and laborer a non-compete agreement between various,lack of perfect non-compete system of laws and regulations system,non-compete system construction is not perfect.So,for the non-compete system analysis is necessary and meaningful.Non-compete system refers to a specific civil subject into a particular area of specific competitive industry behavior,to ban or restrict legal system.It can be also can decide their law,divided into statutory non-compete and non-compete agreement.The statutory non-compete is specific obligor shall not be engaged in law and the holder of the similar or the same competitive industry.Conventions of the non-compete is according to the convention undertake corresponding rights and obligations of both parties.Non-compete must also be based on the specific legal relationship,with legitimate rights and interests as the prerequisite.Although non-compete system is effectively curb commercial secret method,but it should also be bound by the laws and regulations.Non-compete system of our country in the enterprise commercial secret protection and safeguard fair competition in the market,having the effect that cannot replace,but still exposed some drawbacks in practice,therefore,in this paper,based on the research of the non-compete system,the comprehensive analysis of its theoretical basis,find the non-compete system in practice of to learn from foreign experience on the basis of good,puts forward the Suggestions and measures to improve our non-compete system.