试论商业秘密保护中的竞业禁止

On the Prohibition of Business Strife to Protect the Business Secret

竞业禁止作为保护商业秘密的一种行之有效的办法 ,被越来越多的企事业单位广泛应用。然而 ,我国立法至今没有确立合理的竞业禁止规则 ,显然不利于竞业禁止的规范。本文在对国外竞业禁止制度进行分析的基础上 ,从其理论基础和法律依据入手 。

The prohibition of business strife, which is an effective method to protect the business secret, is utilized widely by more and more enterprises. However, up to now the legislation hasn't set the rational rules of the prohibition of business strife in China. Based on analyzing the system of the prohibition of business strife abroad, the article takes its theory and law foundation as the point of departure and attempts to preliminarily probe into the rational one to protect business secret from the angles of law.