Research On The System Of Prohibition Of Competition From The Perspective Of Conflict Of Rights

At the beginning of the establishment of the system of prohibition of competition,the purpose is to protect the business secrets of employers,prevent disorderly competition,and ultimately achieve the goal of safeguarding social and public interests.However,with the development and deepening of judicial practice,the drawbacks of excessive restrictions on the legitimate rights and interests of workers by employers in order to safeguard their own interests have become increasingly apparent.In the long run,it is difficult to ensure the rational allocation of human resources and social stability,which is also contrary to the original intention of the non-competition system.In addition,the introduction of the system in China is still short,and there are some omissions in the legal provisions.Although there are some useful explorations in academic circles and judicial practice,it is still difficult to reach consensus on many core issues of the non-competition system.Through the analysis of the disputes,the causes are nothing more than the conflict of rights between equal employment right,trade secret right and social public interest,which is difficult to reconcile.How to correctly treat and understand the conflict of rights contained in the system of prohibition of competition is the key to solve the problem.Through the study of the related theories of prohibition of competition,this paper introduces Rawls' theory of justice,compares and analyses the differences of views between theoretical and practical circles,and puts forward suggestions on the causes and balance of the conflict of rights in prohibition of competition by drawing lessons from foreign legislative experience,with a view to helping solve the relevant problems.Considering the current situation of the system of prohibition of competition in our country,this paper puts forward the following views after full demonstration: firstly,how to reconcile the conflict of rights behind the system of prohibition of competition to achieve a balanced state is the meaning of the system of prohibition of competition;secondly,according to the essence of the contract control theory,the content of the contract should not be endless,and it should be limited to some extent in order to achieve from From "freedom of contract" to "justice of contract",for the system of prohibition of competition,we should clarify the main body of obligation,time limit,region and other factors to avoid the abuse of employer's rights.Thirdly,because the right to equal employment involves the basic right of workers to subsistence,we should regard the priority principle of basic human rights as the primary principle to solve the conflict of rights and interests,and give priority to the legitimate rights of workers.Fourthly,referring to the German double standard compensation payment system,we strive to achieve the rationality and fairness of compensation.