Research On The Protection Of The Rights And Interests Of Chinese Enterprises Under The Prohibition Of Competition

The main function of the non-competition system is to restrict specific entities from working in competitive industries.The main purpose of setting up the system is to protect the human capital of the enterprise to a certain extent,and to improperly obtain intangible assets such as trade secrets and patent technologies in the industry.The behavior,but the preventive effect of reality is still very limited.According to the existing judicial judgments,it is found that there are still widespread problems of laborers,directors and senior executives infringing on the interests of enterprises,business secrets,and patented technologies.In contrast,the current judicial decisions for non-competition are uncertain.Therefore,it is impossible for employers to guide the design of non-compete clauses to protect enterprises from the risk of improper loss of human capital in accordance with legislative and judicial decisions.The non-competition system has been implemented for a long time in China.However,as a non-competition system for imported goods,there are still many problems in the actual operation process.An effective non-competition system is an important means for enterprises to maintain their own talent cultivation and technology development.Therefore,in today's society where the knowledge economy is advancing by leaps and bounds,it will be necessary to solve the problems already existing in the competition prohibition system.Therefore,this paper analyzes the judicial status of the non-competition system,finds the corresponding problems,and proposes targeted legislative improvements.This article is divided into three parts:introduction,body and conclusion.The main body is divided into four chapters:The first chapter outlines the concepts,features and classifications related to the non-competition system.It also briefly introduces the corporate rights and interests related to the non-competition system and lays a foundation for the discussion of this article.The second chapter analyzes the status of the legislation and judicial system of the non-competition system.In the analysis of the status quo of legislation,it introduces the specific prohibition system of competition in the "Company Law" and "Labor Law".The difference analysis.In the analysis of the status quo of the judiciary,the status quo of the loss of human capital of the enterprise,as well as the status of default penalty and compensation in the actual trial are summarized,which provides a realistic basis for discussing the existing problems of the existing non-competition system.In the third chapter,through analyzing and summarizing the existing non-competition legislation and judicial status,it is found that the existing non-competition system has the problems of narrow scope of subject,vague scope of competition prohibition,and uncertainty of judicial prohibition of judicial competition.The above-mentioned problems were evaluated and provided a clear direction for the improvement of the follow-up competition prohibition system.The fourth chapter,based on the problems found,considers and perfects the existing non-competition prohibition system,and proposes from the three directions of the main body and scope of the non-competition system,the improvement of punishment measures and compensation system,and the settlement of judicial uncertainty.Relevant legislation to improve the recommendations,in order to solve the existing problems of the non-competition system,thereby protecting the human capital investment of enterprises,reducing the risk of improperly acquired business secrets and core technologies and improving the employment order of the market.