A Study On The Prohibition Of Legal Competition

The non-competition obligation is an important system to balance the interests of the market.The most basic classification of non-competition,from the basis of the obligations of the company involved in the legal context of the company's directors,senior management of the legal activities of non-legally prohibited obligations,as well as labor contract law in the context of employers and workers signed Of the suspension of competition.This article mainly discusses the statutory obligations of non-competition.As the main part of the market,the company plays an important role in the development of the economy.With the development of the economy,the separation of capital and capital management has been deepened,and the "board centralism" has expanded the rights of the board of directors and directors.Directors,executives ‘s behavior not only involves the interests of the company,shareholders,but also to some extent affect the social and public interests.In view of this,the regulation of the rights of directors and executives to prevent their abuse of rights,as the world's corporate law development is an important trend.The author through the relevant database on the current domestic legal activities of the prohibition of competition and sort out the case,to be included in the Chinese referee documents network of legal activities in Shanghai prohibited a total of 55 cases and put forward some suggestions for improvement,hoping to help the judicial trial.The first part of this article is mainly about the legal practice of the legal practice of non-compliance cases were combed,the first section from the macro to explore the status of judicial trials,the second section of the 55 cases from a number of points to quantify the classification,the third According to the preceding article,it summarizes the main problems in the practice of judicial trial in dealing with such cases,mainly in three aspects: the legal object of legal competition prohibits the identification of legal objects,Prohibited legal liability.According to the summary of the previous chapter,this article enters the second part,the theoretical analysis of the legal prohibition system in China.The first section mainly elaborates the concept and the theoretical foundation of the non-competition system.In the second section,the classification of the non-competition system is analyzed.This article mainly elaborates the legal non-competition system,Forbidden.In the third section,the author reviews the system value of the prohibition system.The third part is the main chapter of this article,the specific analysis of China's legal prohibition system of the status quo.The first section mainly deals with the theoretical analysis of the subject of the prohibition of legal competition.The second section is the definition of the behavior of the prohibition of compulsory competition.The third section mainly deals with the preparation of the non-competition in the working period after graduation.Section 5 mainly carries on the legal analysis to the legal liability which is prohibited by illegal legal competition,and involves the specific application of the company's right of incorporation and the company's damages.The fourth part,as a result of the previous study,gives some suggestions on the perfection of the legal prohibition system in China from the legislative point of view.The first section is still from the normative object,proposed to expand the scope of application of statutory obligations.In the second section,it is pointed out that the legal performance of the non-competition and the behavior of the directors and senior executives should be clarified.In the third section,the author gives some suggestions on how to reduce the legal liability of the company in violation of the legal competition,the further improvement of the company's right of entry and the compensation standard of the company's damages.