Research on Legal Application Issues of the Non-Competition System

The non-competition system, stipulated in the Labor Contract Law, is a legal system that protects the trade secrets of employers, balances the freedom of oc-cupation choice and market order by restricting the post-employment non-compete behaviors of workers. It faces three predicaments in practice: first, the generalization of the applicable subjects, leading to the random inclusion of ordinary positions; second, the formalization of trade secret review, where ju-di-cial practice focuses on the form of agreement signing, neglects the substan-tive verification of the "three attributes" (secrecy, value, and confidentiality) of trade secrets, and publicly known information is often misidentified; third, the imbalance in the economic compensation system, with significant differences in standards across regions.Based on this, first, legislation should refine the ele-ments for "other personnel" to have substantial access to trade secrets, ex-clud-ing non-secret-related positions; second, judicially, a substantive review stand-ard for the "three attributes" of trade secrets should be established, re-quiring employers to provide evidence; finally, it is necessary to unify the na-tional minimum standard for economic compensation to balance protection and fair-ness.