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Research on the Non-competition Agreement Legal Matter

Author: YuWenXia
Tutor: YangChunPing
School: Chongqing University
Course: Legal
Keywords: Noncompete agreement Reasonable restrictions Legal Remedies Legislative proposals
CLC: D923;D922.29
Type: Master's thesis
Year: 2011
Downloads: 92
Quote: 0
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Abstract


Noncompete is the world generally used for the co-ordination and balance between market players, their respective interests, to curb disorderly competition is a very important legal system. Can be divided into broad the noncompete and narrow the noncompete noncompete paper mainly narrow noncompete prohibited behavior that is specific to a specific person with competitive relationship, in essence to see, the noncompete to limit behavior, in fact, is a broad acts of unfair competition. The noncompete is the product of the market economy develops to a certain stage, establish and perfect the noncompete system is an inevitable requirement for the healthy development of the market economy. With the increasingly fierce market competition, the scope of non-competition also continue to expand. Currently, the system has become the major developed countries to legislate to protect its trade secrets of a very important means of the system used by most companies to protect their trade secrets, as businesses protect trade secrets a very effective legal protection. As the system in China started late, combined with China's legislation this requirement is not yet perfect, with the continuous development and improvement of China's socialist market economic system, the civil subject unprecedented freedom, between the various market activities of the main The competition has become increasingly fierce, so in practice there are a lot of disputes about the non-competition issues. Because of this, the theoretical circles this heated discussion, mainly, of the desirability of establishing the system, the legitimacy of the regime, and how its implementation of reasonable restrictions. Therefore, I believe that, in the rapid development of the market economy, in order to protect the health of China's socialist market economy run, it is necessary to study and explore the theory of a noncompete agreement and on this basis to improve our Jingye prohibit agreements legal system. Starting from the basic theory of the noncompete agreement, study and learn from abroad about the relevant provisions of the noncompete agreement system, the effectiveness of the non-compete agreement and legal remedies parsing analyzed our existing legal system beneficial to the relevant provisions of the problems, and have some ideas and suggestions to improve the legal system of China's noncompete agreement made, in order to hope that these recommendations based on noncompete agreement system for our practice reference. This paper is divided into six parts. The first part introduces the general basis for the theory of the noncompete agreement covered include the legal definition of the non-compete agreement, History, basic principles, and the research on noncompete agreement the status quo. The main content of the second part of the system of international visits and learn of the noncompete agreement, the provisions of the relevant laws and regulations of the common law and civil law system noncompete agreement, these countries our legal reference. The third part of the main parse the effectiveness of the noncompete agreement identified, and discusses the general theory of the effect of the non-compete agreement, the legitimacy of the non-compete agreement criteria, and reasonable restrictions on the noncompete agreement. The fourth part describes the legal relief in violation of the noncompete agreement, the judgment of the violation of the noncompete agreement, responsibility for violation of the noncompete agreement constitute a violation of the noncompete agreement liability way. The fifth part introduces the legislative status quo of China's noncompete agreement, and analysis of the existing problems of the system of China's noncompete agreement. Part VI recommended for perfecting the system of China's noncompete agreement, I think, is to improve the system of China's noncompete agreement should focus on the following aspects: the improvement of legislation, a clear legal status noncompete agreement; appropriate to expand the competition industry prohibited the scope of protection of the agreement; clear competing industry compensation expense standards and calculation and payment, as well as to improve the accountability of violation of the noncompete agreement.

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CLC: > Political, legal > Legal > Chinese law > Economic Law
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