Abstract

Author:

Mengyi Shi

Doi: 10.26480/seps.02.2023.77.79

This is an open access article distributed under the Creative Commons Attribution License CC BY 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited

Internet marketer as a new form of employment occupation, rapid growth in the short term. At present, the competitiveness of enterprises and Internet marketers are closely tied, to which enterprises often protect business interests through agreements non-compete. For the new social relationship established by enterprises and Internet marketers, only according to China’s current “Company Law” and “Labor Contract Law” and other legal provisions involving non-competition, in the subject identification, protection object, applicable standards and other content are applicable dilemma. Because the enterprise competition is different, the principle of non-competition should be in line with the development of the market, break through the restriction of obligation subject to the narrow determination of workers, the protection object cannot be limited to trade secrets. However, after all, the non-competition restriction serves to maintain the market order, in order to avoid the conflict of rights to destroy the competition ecology, it is necessary to coordinate the interests of the subject as the premise of the application of the non-competition restriction, to coordinate the results for the purpose of restriction, and to innovate the restriction system in the applicable conditions.