Research On The Judicial Application Of Non Competition

With the increasingly fierce market competition in our country and the continuous promotion of technological innovation,employers’ awareness of protecting trade secrets and intellectual property is increasing.At the same time,the selectivity of the labor market and the continuous expansion of job opportunities have led to increasingly fierce competition among various entities.Many companies abuse non compete agreements to ensure that their trade secrets are not infringed upon in order to gain a competitive advantage.However,this approach substantially hinders workers’ right to independent employment choices,and at the same time leads to a continuous increase in the number of non compete labor dispute cases.The value goal of non compete agreements is not only to protect the business secrets of employers,but also to achieve a balance between the employer’s right to trade secrets,the right of workers to freely choose their profession,and social public interests,in order to reduce the impact of conflicts of interest.Due to the fact that most of the provisions in China’s labor law regarding non compete clauses are abstract and principled provisions,such as the subject,object,and scope of industry application of non compete clauses.Therefore,in judicial practice,judges have encountered a large number of cases with different judgments based on different understandings.The purpose of this article is to analyze the above issues and propose corresponding judicial application suggestions for reference in judicial practice.This article is divided into four parts.The first part takes the case of Wang Shan v.Wande Information Technology Co.,Ltd.as the perspective,and based on the theory of non competition system,studies the characteristics of the non competition system in judicial practice,and extracts the core controversial focus of the case,which is also the gathering place of contradictions leading to different judgments in the same case.The second part mainly explores the relevant theories of non competition,including comparing the legal provisions of non competition systems at home and abroad,clarifying the concept and characteristics of non competition,and analyzing the theoretical prerequisites for violating non competition obligations.The third part will conduct an in-depth analysis of the controversial focus of the issue of determining the effectiveness of the agreement.By sorting out and analyzing relevant laws and regulations,specific explanations and analysis will be conducted from five perspectives:applicable subjects,protected objects,industry scope,regional scope,and the amount of liquidated damages to determine the reasons for the problem.The fourth part will clarify the standards for determining the effectiveness of non compete agreements and their considerations,and propose judicial recommendations to better implement the original intention of the non compete system.