The Research On Efficacy Of Non-competition Agreements

The non-competition agreement is intended to restrict the right of workers to protect employer 's commercial secrets.there are many academic study of non-competition system,most of them is demonstrated its effectiveness depends on the economic compensation.In this paper,non-competition agreements range from the perspective of the non-competition by collecting dispute case to identify the court judge's attitude to make recommendations to improve the system.The full text is divided into five parts,as follows :The first part,the overview of the leaving non-competition agreement.include concepts? main features and written form ect.The second part describes current relevant laws ? local regulations,it pointed out legislative flaws on leaving non-competition agreement.another part is the case study.It compares three different court cases to distinguish between court judge's attitude and academic theory on the effectiveness of leaving non-competition agreement.The third part,from the perspective of the effectiveness of leaving non-competitions,it proposed two theories,including affirmative and negative theory.Judged the effectiveness of the principle criteria,including the legality criteria and reasonableness criteria.The former discusses from the employer's commercial secrets protection and reasonable economic compensation.Reasonableness criteria including reasonable target,geography,the term etc.The fourth part,it cites efficacy of leaving the non-competition agreements on a number of special circumstances non-competition,such as reasons for leaving,and other corporate changes.and it also cites two main points: all or nothing principle,the principle of blue pencils.The fifth part,combined with legislation and judicial practice,it makes recommendations to improve the leaving non-competition agreement.