Research On The Application Of Non-Competition Legal System

As an important legal system to protect the business secrets of employers and maintain their competitive advantages,non-compete is stipulated in Articles 23 and 24 of my country’s "Labor Contract Law".Due to the unclear concept and standard of non-compete,non-compete clauses have many disputes in judicial practice,so that the theory and practice cannot reach a unified standard when dealing with this related dispute.On the basis of empirical analysis,this paper summarizes the judgment paths of the legal system of non-compete in the four aspects of application subject,protected object,scope of application and legal responsibility,and clarifies the following problems in the legal system of non-compete: First,non-compete The obligation to restrict is not clear,which leads to the generalization of applicable subjects;the second is that the standards for identifying trade secrets are not uniform,which leads to insufficient review of protectable interests;the third is that the scope of application of the competition restriction is not standardized,which increases the employment restrictions of workers;the fourth is that the competition restriction continues to be implemented It is difficult to implement and identify joint and several liability.In view of the predicament in the application of non-compete,this paper proposes that the relationship between confidentiality obligations and non-compete obligations should be further distinguished,and the applicable subjects of non-compete are workers who know business secrets.By establishing a pre-litigation injunction system for non-compete restrictions,strengthen the protection of corporate trade secrets,analyze the theoretical basis and reference factors for agreeing on the scope of reasonable non-compete restrictions,and determine the boundaries of the scope of non-compete restrictions.Finally,regarding the non-compete liability assumption,the nature of economic compensation and liquidated damages should be reasonably distinguished,which provides a theoretical basis for judges to set the standard of liquidated damages in practice.It is hoped that the research in this paper will be helpful for promoting the protection of trade secrets and the balance between the rights and interests of employers and workers under the employment relationship.