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商业秘密权与劳动就业权的冲突在我国是一个亟待解决的问题。改革开放以来,我国大力发展市场经济,而市场经济是市场在资源配置中起主导作用的经济;它要求由市场来优化配置包括人力资源在内的各种资源,这就导致劳动力资源在全社会的流动,使得商业秘密的保护面临巨大的威胁、商业秘密权与劳动就业权发生激烈的冲突。本文从这两项权利的概念与特征入手,在分析了两者冲突的原因和不利影响之后,从竞业限制的视角阐述了平衡它们之间冲突的措施。
The conflict between commercial secrets and labor employment rights is a problem to be solved urgently in our country. Since the reform and opening up, China has vigorously developed the market economy, which is the economy in which the market plays a leading role in the allocation of resources. It requires the market to optimize the allocation of various resources, including human resources, which leads to the development of labor resources in the whole society The protection of trade secrets faces a tremendous threat, and there is a fierce conflict between commercial secrets and labor employment rights. Starting with the concept and characteristics of these two rights, this paper analyzes the causes and adverse effects of the two conflicts and then elaborates the countermeasures to balance the conflicts between them.