良禽择木而栖,劳动者的自由择业权在保障人权、关注民生的今天无疑被摆在了重要位置。然而,自由择业权的滥用带来的将是用人单位利益的受损、职业道德的败坏和市场秩序的混乱,在这一背景之下,竞业禁止制度应运而生。本文通过阐述竞业禁止的基本理论,检讨我国的竞业禁止制度存在的诸多问题,试图提出完善竞业禁止制度的合理化建议。 Livestock choose their own woods and habitat, workers’ freedom of choice in safeguarding human rights, concerned about people’s livelihood today is undoubtedly placed in an important position. However, the abuse of freedom of choice will bring about the damage to the interests of employers, the deterioration of professional ethics and the disorder of market order. Under this background, the non-competition system has come into being. This article expounds the basic theory of prohibition of non-competition, reviews many problems existing in our country’s prohibition of non-competition, and attempts to put forward reasonable suggestions to improve the prohibition of noncompete competition.