Research On The Application Of The Type Examination Standard Of Competition Restriction

Today’s competition,games and contests in the world are closely focused on the competition for high-end scientific and technological talent to carry out.Accelerating the development of talents and supporting the inflow of talents have become the long-term basic policies of countries around the world.However,in the process of talent migration and related knowledge and business information transfer,various intellectual property risks are bound to accompany,the most important of which is the risk of leakage of trade secrets.In practice,the flow of talents among competing enterprises or other business entities in the industry is indeed the main way to leak trade secrets and other competitive interests,while the employer’s trade secrets and other competitive interests constitute an important connotation of the right to operate.However,the non-competition restriction,when safeguarding the business right of the employer,often fetters the free flow of talents and restricts the labor rights and the right of survival of the workers.As a fundamental right of citizens guaranteed by the Constitution and an internationally recognized basic human right,restricting this fundamental right is against the overall social public interest.The root cause of the current dilemma of the legal practice of non-competition is the lack of clarity of the review standard of the relevant elements of non-competition brought about by the conflict between the right to operate and the right to labor.This paper focuses on the theoretical construction of the non-compete system and the review criteria of specific elements of non-compete,fully integrates the legal practice of non-compete in the real society,integrates the impact of non-compete on the current labor market operation,further investigates,analyzes and researches the theoretical issues related to non-compete,so that the future revision of China’s labor contract law regarding noncompete provisions can be more perfect,and It is expected to have a better legal implementation effect.In the introductory part of this paper,the background and significance of the study are firstly explained,and the scope of the object to be explored and studied in this paper is defined,and the existing research results are introduced,based on which the research path and the method of investigation and research are given.In the first chapter of this paper,the specific object of the research and the problems faced in practice are introduced in the form of cases.The second chapter discusses the differences in the perception of the scope of the subjects limited by the non-competition restriction and the difficulties faced in establishing the standard for reviewing the subjects of the non-competition obligation from the perspective of the subjects applicable to the non-competition restriction.The third chapter discusses the object to be protected by the non-competition restriction and introduces the different understandings of the object of the non-competition restriction that currently exist.The fourth chapter then discusses the fact of non-competition into competition relationship and non-competition behavior separately,and discusses the possibility of establishing the review standard of non-competition fact.The development and growth of enterprises cannot be achieved without the full realization of the right to operate,and the protection of labor rights as a basic human right is inevitable to realize the freedom of choice of employment of workers.This paper deepens the research on the elements of non-competition and determines the review and judgment standard of non-competition,which is to seek a balanced solution for the longstanding contradiction between labor rights of workers and business rights of enterprises,to sort out the theoretical difficulties for the problems related to non-competition,and to find a way out for this purpose,which is the key to balance the contradiction of labormanagement relations in the information technology era and has considerable practical significance.