Research On The Legal Issues Of Non-competition

As an important system for balancingthe conflict of interest between the employer' trade secret right and the laborers' rights of freedom of job choice,Non-competition plays an irreplaceable role in the maintenance of good market order.Although the introduction of non-competition to our country has a certain amount of time,the academic and lagal aspects have also formed some theoretical results results and useful experience.But overall,the research is not thorough enough,there are still controversial points worth digging,obstacles and defects still exist in the operation of the system.This paper is based on the existing research results,combining with the judicial practice of our country and the outstanding theoretical research achievements abroad,this paper studies on the three angles of the validity of the agreement of non-competition,economic compensation and liguidated damages,to explore the disputes and difficulties in order to exert the maximum value of the system.In addition to the introduction and conclusion,this paper is divided into four chapters,the main contents are as follows:The first chapter is about the basic theory of non-competition.Firstly,this paper introduces the concept and characteristics of non-competition,the difference between the non comptition and the on-job competitive restriction;Secondly,it introduces the function of the non competition;Finally,from the two dimensions of time and space,the author reviews the legislative situation of our country's non competition restriction.Through the introduction of this chapter,It is the groundwork for the subsequent writing of the effectiveness of non competition agreement,liguidated damages.The second chapter is about the confirmation of the validity of the agreement of non competition.The first is a brief introduction to the effectiveness of the non compete agreement,Then,the main factors of the effectiveness of the five non compete agreements,such as the subjects,the scope of business,the period,the region and the economic compensation,being summarized.On this basis,the author discusses the main dispute of the effect of the non compete agreements in the judicial practice.I think,for non compete agreement,agreement for more than two years is not necessarily invalid;If the economic compensation is not agreed,the effect of ageement is determined.Employers in violation of the agreement,the illegal termination of the contract will lead to invalid agreement.The third chapter is about the payment of economic compensation for non competition.This chapter is based on the confirmation of the positive significance of the economic compensation,Starting from the case,analysising of judicial practice in the payment and standards of economic compensation and giving suggestions.I think,It is necessary to establish a mandatory minimum standard,and to increase the standard in legislation,which stipulates that the judge should consider the economic compensation from the geographical scope,duration and content;The decision to pay compensation for economic compensation is allocated to the parties,at the same time,the judge should be given a certain amount of discretion,and the judge will decide whether to adopt the agreement of the parties.The fourth chapter is about the application of liquidated damages.This chapter first introduces the nature and function of the liquidated damages of non-competition.On this basis,the article discusses the judicial practice of the liquidated damages of non competition.I think,the employer may require the employee to continue to perform the duty of non competition and return the economic compensation after the payment of the liquidated damages.In addition,the liquidated damages should be fair and reasonable,and the maximum bearing capacity of workers as the limit.