论离职竞业禁止-经济法学专业论文.docx

武汉理工犬学硕士学位论文Abstract 武汉理工犬学硕士学位论文 Abstract Non competition refers to the restrictions on specific behaviors of people wi氆 special ties to obliges under certain conditions，that is，the obliges have fight to request the specific person avoid engaging in competitive behaviors against them． Post-employment restraint is that workers shall not engage in the same business under certain conditions when they left． Information is dominated in modem society．To a certain extent，having advanced information technology is equivalent to a sector or industry leader,which is all absolutely competitive advantage．However,because of the guidance effect of market，some market operators take unfair competition means to obtain the trade secrets of others and harm othersbenefits，in order to get greater economic benefits． The protection of corporate仃ade secrets is necessary to maintain good order in market competition，therefore，post·employment restraint system gets the attention of national legislators，becoming an important legal system for the balance of competetors’interests and curbing the disorderly competition of the world．At the same time,the free movement of workers threatens the protection of trade secrets，SO that post—employment restraint agreement gets the favor of corporations．However, post-employment restraint system is not only related to the benefits of employers，but also related to the citizens fights of labor and freedom to choose a job even subsistence right of employees，and there is an conflict between the two． When the conflicts between different fights happen，law should make a value choice and interests balance in different rights in order to achieve the maximization of benefit．To achieve the maximization ofbenefits is couple wi饿loss，therefore，it must measure of the value of different rights and give full consideration to the maximization of the interests protected and the justice of law．How to strike a balance between the interests conflict of employees and employers and