Dissertation > Excellent graduate degree dissertation topics show

Study on Issue for Reasonable Restriction about Prohibition on Business Strife

Author: ZhouLan
Tutor: GaoHongGui
School: Central China Normal University
Course: Economic Law
Keywords: Noncompete Limit Trade secrets
CLC: D922.5
Type: Master's thesis
Year: 2009
Downloads: 255
Quote: 2
Read: Download Dissertation

Abstract

In human society has entered the knowledge-based economy, trade secrets increasingly important role in the survival and development of industrial and commercial, it is even directly related to the success or failure of the enterprise. In relation to this, some companies or individuals for the needs of their own self-interest, theft of trade secrets of others engaged in the same industry operating with the owner of the trade secrets things have occurred. Its biggest threats often come from current and former employees of the company or enterprise. In order to protect trade secrets, non-competition system came into being. The one end of the system is the employee's right to work, free choice of employment and social public interests; the other end of the company's trade secrets and commercial interests, how to weigh the multi-weight on the basis of maintaining the legal balance fairness, impartiality, both legislators need to to solve the problem as well as legal theory workers need to seriously study the subject. Assumed by law to balance the interests of all parties, as well as market competition necessary for the coordinated development of freedom and order, can not ignore the existence of other legitimate rights and interests of the protection of legitimate rights and interests of a particular requirement. Agreed noncompete it has its own rationality, but if the law does not it reasonable limits will result in non-compete too much emphasis on the interests of enterprises, to the detriment of the interests of employees and the public. It is necessary to learn from the developed countries under the guidance of the principle of balance the interests of all parties, legislative and judicial experience, improve the legal system of China's non-compete. The same time, in order to safeguard the lawful right to employment, the right to life, and social public interests, trade secret rights to reasonable restrictions. In the current legislation, there is no be specialized legal recognition and protection of rights to trade secrets, and no restrictions on trade secret rights make effective norms. These are precisely the need to be perfected. Limit trade secret rights principles is that: first, trade secret rights restrictions should limit law; Second, trade secret rights restrictions should focus on fair balance between efficiency; Third, trade secret rights restrictions should be conducive to promote scientific and technological progress and safeguard the public interest. This paper discusses the non-compete reasonable restrictions It is for the interests balanced thinking, On the basis of the non-competition theory to explain non-compete reasonable limitation of the theoretical basis of the system. In turn, developed countries, is a summary of the legislation and practice on the competition restrictions experience and Comment on China's system of non-competition restrictions, China's non-compete reasonable limitation of the system to make reasonable suggestions on how to improve. Text in addition to the Introduction, Conclusion, is divided into the following four parts: The first part, based on the interpretation of the concept and characteristics of Prohibition, elaborated the concept and legal characteristics of the non-compete reasonable restrictions. Non-compete reasonable limitation of statutory noncompete and contractual non-compete, as the core mechanism to balance the interests of to make reasonable under the legal system in accordance with the law applicable to the subject, duration, geographical, and economic compensation and protocols form. It has the following four basic characteristics, non-compete reasonable restrictions in specific civil legal relationship; limited noncompete reasonable limitation of range of the main obligations; noncompete reasonable restrictions object complexity; noncompete reasonable bound targets diversity. The second part focuses primarily on the value of the non-competition and non-competition reasonable limitation of the theoretical basis as well as two goals. The theoretical basis of the non-competition include: fair value theory, agency cost theory, the principle of competition and the principle of good faith reasonable restrictions. The value of non-competition; maintenance business ethics, encourage innovation and competition order; the noncompete reasonable limitation of the theoretical basis of: to protect the public interest, to prohibit the abuse of power, adjust the allocation of resources and to achieve fairness and justice. Non-compete reasonable limitation of the core values ??of the goal is to balance the legitimate rights and interests of the various parties. The third part explores the basic way of the noncompete reasonable limit. The non-compete reasonable restrictions, including a reasonable limit on the rights of trade secrets and contractual non-compete obligations and reasonable limitation of two aspects. Explore this issue, mainly through the introduction and assessment of Britain, the United States reasonable restrictions on the noncompete legislation and practice, and to explore the available useful experience for our reference. The fourth part of our noncompete reasonable restrictions Perfection. Analysis of the status quo of China noncompete reasonable restrictions legislation and practice, initiatives to the noncompete improve our system of reasonable restrictions. That is, to the noncompete improve our system of reasonable restrictions, to make the necessary changes to the one hand, the need for reasonable restrictions on the \

Study on Issue for Reasonable Restriction about Prohibition on Business Strife

Abstract

Related Dissertations