商业秘密竞业限制合同立法规制探讨

Discussion on Legislative Regulation for Non-competition Contract of Trade Secret

商业秘密竞业限制合同是指单位或雇主为保护其商业秘密，利用劳动合同条款或劳动合同形式的契约与员工约定的限制员工在任职期间或离职以后与本业务竞争的协议。此种合同已成为我国法学理论和司法实践中亟待研究和解决的重要课题。运用比较研究的方法，结合我国实际，对此种合同的特点、主要条款的合理性及立法规制等问题进行了探讨。

Non-competition contract is a kind of agreement between employer and employee. To protect employer's trade secrets,it forbids empiyee's engaging in a certain field as a competitor to employer during his work or after leaving. This kind of contract has been an important matter both in law theory and in judicial practice. In the light of our socialist country's practice,this article uses the method of comparative study to discuss such questions as the characteristics of this kind of contract,the reasonablity of the main terms and the legislative regulation.