Reanalysis on the classification of abstract and

concrete administrative acts

Abstract: The classification of abstract and concrete administrative acts plays an   essential role in theory and practice. Emphasized research on abstract administrative act shows it should be litigable. It’s entry into litigation system will also profoundly  promote the rule of law and human rights guarantee and the constitutionalism. With this mission being accomplished, the value of this classification would be diminished.

Keywords: abstract administrative act   concrete administrative act   sub-society benefit              litigable

The administrative behavior, the concept, content and classification

(a) the concept and connotation of administrative behavior

Administrative behavior, generally speaking, refers to the exercise of administrative authority, the administrative subject to administrative activities. In administration

The Administrative behavior, "" (Administrative behavior is Administrative, is an American scholar Herbert a. Simon pioneering [¹]. To develop a method using behavioral science of public administrative decision-making, organization, implementation and improve the administrative efficiency, in order to promote the new research field. So, "administrative actions" is the administrative activities of the general category, and represents the behavior of politics, administration in the application. In the Administrative law, Administrative behavior (Administrative act, the nineteenth century, German "among the" father of Administrative law, otlet meyer established the concept of Administrative subject) is emphasized the powers of sexual activity ought to accept the constraint rule by Administrative law, shall be adjusted, has certain rights and obligations, and can make the legal relationship, change, destroy, also is the Administrative subject using Administrative authority to manage the implementation of Administrative law, produce the effect of legal act [²].

Administrative action should include the following contents:

1, from the main body, the administrative body of administrative behavior (mainly) issued. The administrative subject including administrative organs and organizations authorized by the laws and regulations. The basic task of the administrative subject to administrative functions is given, the state administrative power and the corresponding material conditions, human capital, and administrative behavior is undoubtedly the administrative subject to the activities that the main behavior.

2, look from the administrative behavior, according to the exercise of administrative powers by administrative subject is the behavior. This is the power of administrative behavior.

Judgment of the administrative subject in all activities, which belongs to administrative behavior, the key is to see whether this behavior based on administrative authority. During the existence of the administrative subject in pursuit of countries, is in the relevant laws, regulations, the administrative functions, the realization of social function pick it up.

3, look from content, administrative behavior is a legal meaning and produce legal effect. This is the law of administrative behavior. Administrative behavior in administrative legal standard adjustment, which determine must conform to the requirements of behavior patterns, or by administrative subject should bear the corresponding legal liability.

(2) the classification of administrative behavior

Administrative actions according to different criteria can make various classification, mainly has the abstract administrative action and the specific administrative act, the administrative behavior and not to type of administrative behavior, with both one-sided administrative act of administrative behavior ³ []. This one, in theory and in practice have widely recognized by the operation of value is the abstract administrative action and the classification of the specific administrative act. The division of administrative behavior in the object and the specific administrative act if matters and applicable scope for standard.

So-called specific administrative act, the administrative personnel refers to a specific and legal consequences of directly. Its characteristic is the content and the result will influence directly the relative rights, behavior, and materialize certain objects. The abstract administrative activity, refers to the person or thing not specific for universally binding the behavior of normative documents. Includes two kinds: one is the behavior of administrative legislation, namely to enact an administrative organ of the laws and administrative rules and regulations. Another kind is formulated with the method not normative documents, namely except regulations and rules of the universally binding outside the other normative documents. The abstract administrative action has four obvious features: one is the behavior of objects is against a person, Second is the legal effectiveness is in the future than the past and present, Three is the normative documents can be repeated applicable not disposable, Four is the behavior usually created a new kind of behavior patterns.

(3) dividing the abstract administrative action and the meaning of the specific administrative act

Firstly, both in body, contents and effectiveness of the regulations. Generally speaking, the specific administrative act has certain universality, namely all administrative subject is the specific pertinency, content, only small range, And the abstract administrative activity is strictly, main content more extensive, generalization, universal and relative stability. Secondly, it is determined and judgment of administrative review and administrative litigation plays an important role in the scope of the citizens, legal persons, or other organizations to administrative behavior can not mention administrative review and administrative litigation.

Second, abstract and concrete administrative behavior, and the classification of current administrative law is the theoretical basis

Administrative law applicable to make abstract and concrete administrative behavior of classification.

The administrative litigation law of the People's Republic of China will limit the scope of accepting 11 clear in the specific administrative act within the scope. If no abstract administrative action, no specific administrative act of the said and define? Then how to judge whether a administrative act may cause? Although the administrative procedure law in article 11 of the act shall be the administrative lawsuit, but are enumerated, even in practice according to the abstract administrative action and the specific administrative act classification explicitly distinguish and judgment. Article 11, paragraph 1, such as paragraph 7: "that administrative organs perform obligations" illegal requirements, such as no administrative behavior of concrete and abstract, we will think of the cases can be below the lawsuit, but the fact is not necessarily so. In a document in government, in order to improve rural enterprises, all employees from county monthly salary deducted 50 yuan for two years, as JiZiKuan deduction. If you don't pay funds to the unit's leader, administrative sanctions. This behaviour conforms to the provisions of article 7, but also what people can administrative litigation and court?

The administrative litigation law of the People's Republic of China "the second paragraph of article 12 administrative rules and regulations or administrative organs issued universally binding decisions, orders" by the people's court accepts out beyond, like not to the abstract administrative action and the specific administrative act of the definition and classification, how do you judge what decisions and orders, which can not cause?

The administrative reconsideration law of the People's Republic of China stipulates the article based on the specific administrative act of the legal regulations don't apply in essence, examination of administrative behavior on the classification of the concrete and the abstract.

Obviously, the correct application of administrative law, without the abstract administrative action and the classification of the specific administrative act.

Third, abstract and concrete administrative behavior, is "the classification of regulating the administrative mode theory basis

Administrative behavior to the abstract administrative action and the specific administrative act, the basic meaning lies not only in determination

Review and the scope of administrative litigation, also lies in the fact that distinguish reveals the administrative requirements of "rule of regulating the administrative mode. That normally, should to the abstract administrative action as a specific administrative act according to the standard and the specific administrative act, implement the abstract administrative action of administrative discretion, make the appropriate regulations in order to regulate the administrative.

Four, abstract and concrete administrative behavior of classification, is to realize the abstract administrative activity can accuse the realistic requirement

Our current administrative procedure law enforcement by the environmental legislation, political system, the legal aspects of concept and the court system, only a specific administrative act, the people's court for review, and the principle of the court to exclude the abstract administrative action review [4]. Time goes, people are beginning to realize that should be gradually expand the scope of administrative litigation, and will eventually the abstract administrative activity in administrative litigation. To realize this law, be about to strengthen to the abstract administrative action of comprehensive research and improvement. To strengthen the research of the abstract administrative action, of course, is inseparable from the abstract and concrete administrative behavior of classification. If proved the abstract administrative activity into the scope of administrative litigation, the reality is proved the necessity of the classification of practical needs. The abstract administrative activity in the present should be gradually into action, the present state of action is not included in the following several aspects of main disadvantages:

(a) the provisions on administrative reconsideration to the abstract administrative action enter litigation in fact already becomes possible, and administrative procedural law but the second paragraph of article 12 in litigation, clear out the internal conflicts law already exists. The administrative reconsideration law of the People's Republic of China "the 7th regulation:" the citizen, legal person or other organization that administrative organs of the specific administrative act according to the following provisions on legal, not a specific administrative act may apply for reconsideration, together with the administrative reconsideration organ to the provisions of the review application..." . Article 19 provisions on administrative reconsideration decision to a people's court according to law administrative litigation. This is not equal to say, can be sued the abstract administrative action, only is to pass the administrative reconsideration. And the practice, the court also often to the abstract administrative action "legitimacy", in order to determine the examine whether a specific administrative act as the basis. As the administrative litigation law of the People's Republic of China governing the provisions of the first paragraph: "the people's court to administrative cases, the state department, the committee of the state council in accordance with the laws and administrative rules and regulations, decisions and orders issued regulations formulated, and province, municipality, municipality directly under the central government and the people's governments of provinces, autonomous regions and municipalities approved by the state council of the people's government of the city council in accordance with the laws and administrative regulations, rules." In fact, "referring to the examination, the court of recessive only decide whether to apply, but not for its cancellation. This must be a confusion.

(2) seriously restrict, the people's court for judicial supervision and restraint fully exercise the right. National surveillance democracy is the important part of the construction, the country passes legislation supervision and administrative supervision and judicial supervision of three supervision system operation to realize the balance of power, prevent power corruption, safeguard national political function and social functions to normal. Review the specific administrative act, the people's court shall handle the legitimacy and administrative litigation, which is specified. But when a specific administrative act, the administrative organ for the basis is universally binding, release the administrative decisions and orders of the decisions and orders of the legal review will become a specific administrative act is legal conditions. An error of the abstract administrative activity, and its negative influence than a specific administrative act, if the abstract administrative activity, the inevitable brings with violations of the specific administrative act error. When the administrative relative person refuses to Sue after a specific administrative act, the people's court can cancel the specific administrative act, but to the abstract administrative action is entitled to handle, this means that the abstract administrative action will continue to be effective, administrative organs of the same mistakes can abstract administrative action of other relative to the same specific administrative act. However, the judicial surveillance system cannot compared to a specific administrative act has greater potential risk to the abstract administrative action, this judicial review judicial supervision greatly weakened state supervision system in the role. Administrative litigation can handle cases, not eliminate the error of administrative behavior, may not take temporary solution and blocked flow without DuYuan, judicial administrative supervision and restraint to exemptions.

(3) relative to the lawful rights and interests of the effective protection. The current administrative litigation system makes the abstract administrative action ", "no court justice immunity in the form of negation sentence abstract administrative action, this will encourage administrative organs in making the abstract administrative action monarchs mentality when. Therefore, no legitimate, unreasonable administration documents become a recent administrative authority abuses phenomenon. But according to the current administrative procedure law, the provisions of this case to court and acceptance, people everywhere are stretched out, about the shape is. Obviously, the protection of the lawful rights and interests of the person.

(4) to improve the administrative efficiency and unfavorable cultivation. The abstract administrative action lawsuit makes its lack of laws, administrative efficiency is improved. At the same time, the government corruption and don't exist in the problem, often in the integrity of the abstract administrative action, if not by judicial review and timely exposure, it will lead to the administrative organ perverted administrative, abuses his power or abusing power corruption and incorruption as the increasingly serious consequences.

(5) with the WTO legal system to adapt to the requirement. After China's accession to the WTO, the first to make policy as "transparency" principle, and the requirements of laws and policies to provide such of judicial review mechanism, thus and international economic trade related policies and regulations should be systematically gradually into the scope of judicial review. Otherwise, these policies and regulations of the contradictions and conflicts with the WTO will emerge in endlessly.

The abstract administrative action with multiple levels, range, reqeating features, such as its negative effects will far outweigh the specific administrative act. Once the illegal and will have more dangerous and destructive, therefore, have more reason to the abstract administrative activity into the scope of administrative litigation. Namely, the abstract administrative activity can Sue has should, we need to strengthen the abstract administrative action research to make it into the reason and the state administrative litigation is more reasonable and more perfect. As montesquieu, "legislation and legal reasons should have the same dignity." To the abstract administrative action make comprehensive study is made into the administrative litigation law "dignity" won the process. Obviously, no abstraction and the specific administrative act, the classification of the abstract administrative action research is mentioned, the so-called "no", the MaoJiangYanFu.

Five, abstract and concrete administrative behavior, for the classification of maximally realize human rights, create a legal protection system

Modern administrative law should through the rational administration, the administrative mechanism of expected value goal: 3 in order to maintain the basis of administrative law, administrative law, and finally bring more citizens freedom. It also put forward for China in the 21st century administrative tasks: to ensure the three socialist market economy's long-term benign operation in order to build a kind of legal environment, For establishing and perfecting socialist democratic politics to create a legal government, For maximum achieve rights to create a legal guarantee mechanism. Will the abstract administrative activity into the administrative litigation, the realization of the three tasks undoubtedly plays a very important role. Abstract with the specific administrative act in the classification based on the abstract administrative activity, the plaintiff shall be protected and moderate, will promote the government by law, rule of law and order in the environment of promoting human rights protection.

The abstract administrative action of the relative is not certain. Administrative relative was weak party, plus China's current legal system is not perfect, and justice are not strong enough for such aspects are infringed, many of the administrative personnel are not willing to "stand up," a lawsuit, almost no one willing to do the "price law progress" or "victims". Even a few legacy "fighters", "van sublimity, also often fall a" face ", and "direction to know. Chilling, Our legislators should this part "fighter" for the establishment of the system and the protection. Feasible safeguard According to the pound, interest is divided into three categories: personal interests and public interests and public interests. One of the social interests that exists in social life and to maintain the normal order of social activities and the claims, demands and desires. Including public security, peace and order of security, Security family, religious, political and economic system security, Moral interests (stop drinking, gambling prostitution, etc), To protect the interests of social resources, Political, economic and cultural progress. Personal life interest (independent, opportunities and living conditions, etc.). Because in the abstract administrative action lawsuit, these individuals often represents a significant part of the citizens, legal persons or other organizations, and the lawful rights and interests of the litigation or necessary for ending the abstract administrative action and even after the implementation of a specific administrative act. We just say it represent the lawful rights and interests of the part to "social interests", that is "social interests" shall refer to maintain social interests to treat them as ". Besides, this part of the "quasi social interests" in fact may be sued for abstract administrative action that the reality of the collection of social interests.

Abandoning rights is not equal to the moral. Many people give up right, it is just in the ego motivation, but not for others and society. Thus, more show "social interests of vindicator". However, in many cases, the right to claim was indeed a tickler, even to himself. Some people poured his life savings are not win the lawsuit, even depressed lifelong. Their human rights? Who will protect? So we call according to the abstract administrative action, the definition of the plaintiff shall be protected and help.

As you can imagine, to maintain social benefit "and" abstract administrative action lawsuit filed the plaintiff if get legal protection, is not only to help or to the plaintiff ", including thereafter will be affected by the administrative relative person more, we will live in a society that is so beautiful and healthy! This is a national power and civil rights "win-win" mode. In this system, regulating the administrative person with the administrative subject in the game rationally. Due to the abstract administrative activity involved in the administrative management object different specific administrative act, therefore, not relative to the abstract administrative action and the people's court shall not be equal to the plaintiff who also the specific administrative act, due to the abstract administrative action of universal binding characteristics of citizens, legal persons and other organizations to the abstract administrative action is not a lawsuit, if can, will also be more than a specific administrative act of more difficult. So in the present situation, we might as well, the design of such a system: no litigation law of the people's procuratorates abstract administrative action lawsuit, such as "quasi social interest litigation, vindicator" in need, they should get a people's procuratorate of legal protection and assistance.

Six, establish the abstract administrative action lawsuit system can realize the constitution, will cause and unconstitutional reviewing system can be established in China

Examples and reference

"The legal responsibility of law as a legal protection system, is the indispensable tache." [5] in existing supervision system exists serious vulnerability. Now to the abstract administrative action of supervision ways mainly has: the National People's Congress, the higher administrative supervision organs, Record review, Review examination. In practice, the above three supervision ways are unsatisfactory. First, the principle of law only, not to make any specific operation norm stipulated that citizens, legal persons or other organizations shall be put forward by what procedures and no authority, which conduct, and for all the time with no clear regulation, so this method is obviously not operable. The second method, the legislation law provisions must be filed to administrative regulations, rules and regulations, local governments, for the following rules of normative documents without doing any requirements, but in reality the most illegal behavior is below the rules of normative documents. And the third way obviously against "party may judge for themselves the principle of". The "laws of social control pound" also reveals the administrative behavior would eventually return to the track of legal control of [6]. Due to the judicial supervision and examination is a regular, uninvolved, strict procedure safeguard, also has the most traditional authority and the citizen society trust welcomes the examination and supervision, to become one of the main ways, which conforms to the "real" from legal authority.

Country of administrative behavior accept supervision and examination of the scope and the way to determine its power, organization form, rights protection mechanism, action mechanism and national power relations between reality so closely related. Just as our constitution not establish substantial examination system and unconstitutional sanctions, not to the abstract administrative activity into litigation procedure, with China's political system, the legal aspects of concept are directly related. Based on the review of the historical fact, powers is not a dogma, as said: "this Engels decentralization is just to simplify and supervision of the national organization of daily affairs division of it" [7]. Even the spirit of traditional powers is not power "absolute", and is one of the fundamental task is to, personal freedom and rights. Legislation is summarizing, through the abstract administrative action; the "touch-stone" Through the abstract administrative action lawsuit test-bed for this ";" Through summing up and improve various plans and structure, Can realize the constitution can cause and for the establishment of the system of review of violating the paradigm and provide valuable experience. For example, gradually expand the abstract administrative activity into action: first the scope specified in the administrative reconsideration will review the normative documents attached in administrative litigation, as in departmental rules, will eventually the abstract administrative activity in administrative litigation, the idea is to the test of practice and constantly perfect summary. As for prophecies "in some cases the method using will first appeared in administrative discretion field", to the abstract administrative action of judicial review withheldest not can be unconstitutional censorship comparison in the sense of "case".

Seven, as law and perfecting the abstract administrative activity, the classification of comprehensive into action until the need will decrease gradually disappear

From philosophical sense, will be divided into abstract administrative behavior and not science. The world is the abstract administrative action,

Just as no abstract civil behavior and abstract crime, any behavior that are specific people in a specific time and location of a specific object. The world only abstract rules without abstraction. And the abstract administrative activity in our country, in a sense, is suitable for the current administrative law provide theoretical support.

Admittedly, due to the abstract administrative action and the classification of the specific administrative act in theory, with defects of both one-sided understanding and explanation to the administrative litigation of narrow scope, in practice, inevitably caused some confusion. An: "many posner is the ultimate questions of judgments, what kind of resource allocation to maximize efficiency. [8]. Must admit, the principle of efficiency in the advocate of abstract administrative area, we with specific classification also exists in the allocation of resources. The classification of judicial or meaningful, the abstract administrative action and the specific administrative act of the trial and ruling is still some difference. So-called "bird is caught the net is laid aside." With the rule of environmental legislation and improve and the abstract administrative action finally was completely comprehensive into the administrative litigation law, the classification of the impetus will decrease gradually, its historical mission will gradually completed and the stage of history "out". This paper from the classification for legal construction of Angle, because the future to establish, once is now being innovative.
References:

[1] WangMingYang. The administrative law [M].cambridge: Cambridge university press, 1998. 39.

[2] (Germany), hart mourinho MaoLeiEr overview. The administrative law [M].beijing: Harvard University press, 2000. 180.

[3] LuoHaoCai. The administrative law [M].beijing: Beijing university press, 1998. 103.

[4] LiuJunXiang. Of the abstract administrative action of judicial review [J].journal of modern science, 1999, (6).

[5] ZhangWenXian. Law basic categories [M].cambridge: Cambridge university press, 1998.197.

[6] (beauty), pound. Through the legal society, the mission control law [M]. Beijing: the commercial printing of books

1984.273 museum.

[7] complete Marx and Engels [j] (pp). Beijing: people's publishing house, 1995.238.

[8] (beauty) Richard a. posner. Transcend law [M].cambridge: Cambridge university press, 2001.502.

Using the competition restriction provisions

Enterprise commercial secrets

- gold yu

A trade secret is an important part of intellectual property rights, but also an important intangible assets. It is in the market competition of enterprise survival and development the important influence. With the development of the socialist market economy, commercial secrets of the enterprise technology innovation has become an important content, is the enterprise formation and maintain competitive advantage.

In more and more enterprises realized the importance of protecting commercial secrets. However, as more and more intense market competition, talents, especially the senior management personnel and technical talents competition often determines an enterprise's survival. An enterprise's senior management personnel and technical talents, often is the commercial secrets of the enterprise, the peoples and users of competition is that will at all costs to poach these people. In order to prevent commercial secrets of the enterprise personnel with flow and leak, often turn to competition restriction provisions to limit the enterprise personnel to competitors.

The agency with the original company of Shanghai employee li mou of unfair competition, the case is briefly discussed. Li mou has Shanghai company (hereinafter referred to as the sales manager). Lee and shell company signed a three-year contract of labor contract, li mou, with the company terminates or remove after labor concerns, don't get industry within a company or similar jobs. As li mou, a company should pay breach of RMB 20. At the same time, also need a company to its default caused economic losses, the corresponding compensation payment. In addition, the contract will also undertake to li mou non-compete obligations to economic compensation, a company to stop or remove contract, li mou of one-time pay compensation 20,000 yuan. In the period of the contract, li mou, with a company through consultation between both parties agree to terminate the labor contract, a company to pay compensation for 1 yuan li mou, li mou also agreed. Since li mou violates the agreement with others to establish a joint venture with a company also company, by a company in the people's court.

After hearing the case, the court mediation agreement, both parties hosted by li mou to company for 3 million yuan

This is a enterprise using the competition restriction provisions to protect their commercial secrets of the typical case. Li mou as a senior managerial personnel of the company, the company a lot of customer master and sales information secret. The commercial secret is a company spent a great deal of human, material and financial resources to obtain. Li mou after leaving a company, and the company b, competitive easily using a company's business secrets in b company sales, into a company's sales leads to the customers, losing in the competition. The full consideration to this point, and li mou has signed "the non-compete provisions, using the confidentiality of the" lawful means - non-compete protect their legitimate rights and interests. This can be known from the protection of commercial secrets and restrictions on certain issues. These problems are worth studying.
An enterprise employees, and the relevant provisions of the law of commercial secret protection

According to our country "anti-unfair competition law, the provisions of the criminal law, commercial secret is not known to the public, can bring economic benefit to the obligee, the obligee has practicability and take security measures of information technology and business information. Information technology and business information, including design and process, product formulas, production techniques, methods and management know-how, customer list, intelligence, and the tendering and bidding strategies, tender, etc. Content, Commercial secrets of the three elements: one is the information is not known to the public. The information is not directly from the public channel, 2 it is this information can bring economic benefit to the obligee, practical, Three is the right holder of the information security measures taken. Generally speaking, the commercial secret is not directly from the public channel, can bring economic benefit to the obligee, the obligee has practicability, and take security measures of information.

Therefore, our country to protect the enterprise business secrets leaked internal staff are not have relevant regulation. But, for enterprise employees, and not once signed labor contract with the enterprise on business secrets confidential obligation. Enterprise employees have protection enterprise business secrets is the premise of: (1) the labor contract with the enterprise employees have about protecting commercial secrets of the enterprise, (2) this clause should not only the confidentiality obligations prescribed employees, also should stipulate enterprise employees to abide by its confidentiality obligations shall give compensation. If Labour contracts in terms of no secret, so the rights and interests of the enterprises can effectively protect, On the other hand, if not stipulated in the obligation of confidentiality shall give compensation, the rights and interests of labourers can get good protection, conspicuously unfair labor contract.

Therefore, in order to protect their commercial secret necessary and staff sign confidentiality clause of the contract, shall be prescribed confidentiality clause and in-service after certain time to enterprise's commercial secrets confidential obligation, and not in a competitive business part-time or work, and may not engage in competitive enterprises. But with the enterprise staff sign when labor contract, must pay attention to protect their rights, perfect the relevant provisions.
Second, the relevant provisions of the non-compete

Restrictions on refers to the employee of the company (especially in the senior staff) shall not be engaged in competitive companies or part-time in its competitive business, after leaving the specific period and the region, the company also is not working on competition or competitive business activities. Restrictions on the main purpose is to protect the enterprise commercial secrets of the staff of the enterprise, the flow direction competitive enterprises advantageous position in competition. Our competition restriction provisions of laws, regulations and administrative rules catalogue. As the law of the 61st regulation: the directors, managers may not engage in any business or for others with similar in the business or company engaged in the activities of the company interests damage. Engaged in the business or activity, the income should be all company.

Third, should pay attention to the practice of the master

On the protection of commercial secrets and is not legal obligations, the enterprise staff must be agreed by the enterprise and employees. Enterprise regulations employees during a confidentiality obligation, and based on the principle of reciprocity, the rights and obligations of the enterprise shall pay a certain amount of confidential staff. However, the payment standard about secret without a clear rules. The problem is, the more outstanding enterprise regulations after employee leaves his post, the competition restriction limits is actually the employment freedom. Staff Mastering enterprise business secrets is the senior management staff and technical personnel, these people, professional and strong, if the employment narrow range does not allow them to the same or similar industry, these people may only unemployment. As a computer company, in the high-level programming staff turnover, not continue to engage in computer programming, and he could find any job? Enterprise commercial secret need protection, maintain the lawful rights and interests of enterprises, then the employee's work and survival also should be protected. Related laws and regulations to the enterprise principle pay a fee for employees to non-compete compensation. However, these provisions, both to protect against excessive principle of enterprises, and also to protect commercial interests of the lawful rights and interests of employees. The enterprise to pay high cost, the enterprise cannot afford it, The enterprise to pay cost is low, the turnover of staff after life could not be guaranteed. Therefore, seek a balance the interests of enterprises and their staff, determines a reasonable compensation standard is very necessary.

The author thinks, enterprise and employee labor contract shall specify the following content: when

1, the enterprise and the workers agreed to leave the company employees in the certain time, not in the production of products and competition between enterprises in the other in the same products or oneself of production and operation.

2, the enterprise shall pay to the staff of the non-compete, compensation standards according to the compensation extent of commercial secrets of the employee contact with the employee's total remuneration year to determine, general with the enterprise on one year for employees to leave the company to get from one half of total remuneration to thirds advisable.

3 and restrictions on compensation payment time can be paid in in-service during a one-time payment or leaves.

4 and restrictions on the general term with one to three years advisable, according to the enterprise information related to determine the renewal speed.

5 and restrictions on the responsibility of breach of contract should stipulate enterprise violates the non-compete agreement, do not pay or without proper reason defaults compensation, the competition restriction provisions automatically terminate, The employee breaches competition restriction provisions, shall bear penalty.