Noncompete statutory legal prohibition on business strife Noncompete agreement promissory prohibition on business strife Abstract The twenty-first century is a major talent competition in the competition， who have more high-quality personnel， who will be able to fierce competition in the market ahead of the In a market economy， the market can be optimized to maximize the allocation of resources， and the competition is the life of a market Prohibition from the Western capitalist countries， is a business based on the protection of trade secrets for the purposes of labor workers the right to freedom of choice， as well as the right to reasonable restrictions on the legal In the 1990s China has gradually set up on the Prohibition of the legislation， but on the whole is not perfect， and related theories are not enough in-depth study， only scattered， "Company Law" and "partnership"， "personal Wholly-owned Enterprise Law "and" Labor Law "and the related regulations in some of the These rules and regulations of the different obligations of the main provisions of the noncompete obligations， in order to solve the growing problem of non-compete to provide a legal In the light of China's related to the noncompete provisions of the law is sparse and scattered its name are not unified， more loopholes in the China on the Prohibition of the theory is an in-depth research， but the domestic point of view also more In June 29， 2007 through the "Labor Contract Law" on the Prohibition of the Use Jingyexianzhi expression， and its specific provisions are rudimentary， did not learn about foreign noncompete mature theory and the countries of the non-compete provision Reasonable core of the noncompete to be improved to further This article holds that the noncompete be divided into two broad categories， namely non-compete statutory and non-compete Statutory and non-compete noncompete agreement has its own characteristics and application China's workers employed in practice， the union plays a minor role， and the enterprise often account for a large advantage， violations of the rights and interests of workers has occurred frequently， the protection of the workers themselves have a weak sense， I think that the agreement on competition The ban on industry norms， the court should be strictly limited to non-compete agreement the effectiveness of the agreement， that in effect at the same time should give full consideration to the workers the right to labor and employment The statutory non-compete， our statutory law on the Prohibition of the liability provisions of the way and not how many， the lack of attribution way affected the judge's decision on such cases， in real life， the variety of such cases It is not surprising， but the impact of legal certainty and This article has been read in the literature， the main purpose is to point out that China's current laws and regulations on the Prohibition of the lack of a standardized， in theory， put forward measures to improve the noncompete and hopes to be able to practice for such trials have B In this paper， in the main study used two First， the value of the analysis focused on the theoretical principles of non-compete， non-compete values， based on this work and the right to discuss the Prohibition of the Second， the comparative study of methods， in the light of Britain， the United States， Japan， Germany， Switzerland and other countries related to law and literature， comparative analysis of the study， and then combined with the domestic legislation of the status quo， put forward for solving the The full text is divided into four parts in the body of the first part of the noncompete will introduce the concept of characteristics and types， from the theory of non-compete noncompete theoretical aspects of the principle set out， including the principle of good faith， duty of loyalty demands The legal concept of fair value The second part will be on the statutory and non-compete agreement to prohibit competition， as well as their respective In the third part on the Prohibition of foreign theories， made the last of China's lack of restraint legislation， and proposed several ways to Key words: statutory noncompete agreement noncompete enterprise workers
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