公司法中竞业禁止义务的认定标准法律研究-法律(非法学)专业论文.docx

万方数据 万方数据 Legal research of Noncompeting obligations’ standards in Company Law ABSTRACT As we all know, one of the main features of the market economy, are fair competition and full competition, but the fierce competition in benefits to society and market participants at the same time, also produced unfair competition issues, the impact on the healthy development of Chinas market economy. Whereas, the noncompeting obligations of the Companies Law exist in order to meet under the premise of a fully competitive environment of the market economy, the protection of the main body of the market economy - less subject to unfair competition against. The noncompeting obligations of fiduciary duties in the Companies Act, the earliest from the agent in the civil law system, which constrain the behavior of company personnel to meet their professional ethics, not serving its unfair competition, so as to protect the legitimate competition and the legitimate rights and interests of the company. Since 2005, China has been to modify the content of the Company Law in the non-competition obligations on the one hand to protect our company legitimate market competition played an important role, but produce problems and lack of exposed gradually attracted attention and discussion of domestic theorists. Start from the general theory of the noncompeting system, the meaning of the non-compete obligation, characteristics, classification, history and its significance for the development of Chinas market economy and other issues were discussed; while in recent years in our trial practice appear as part of a typical case, elaborate and analyze the existing problems in the existing non-compete obligation Finally, in the above analysis of the basis, from the main body of the non-compete obligation, the behavior III on the field and the time limit himself the point of views, I hope to be able to bring a bit of inspiration for the study of the non-competition system to Chinas Company Law theorists.