“竞业禁止”是各国公司立法所共同规范的义务条款.所谓竞业禁止,是指特定地位人不得对其所服务的公司从事营业竞争性质的行为,或者损害公司的利益.由于公司这一市场主体,主要依赖市场竞争而存亡,所以,提供一个公平、公正的竞争环境对公司的发展来说是至关重要的.“竞业禁止”义务的规定,从根本上创造了公平竞争的条件,故各国公司立法几乎都无一例外地强调:公司的高级管理人员不得自营或者为他人经营与其所任职公司同类的营业,或者从事损害任职公司利益的行为.否则,就违反了“竞业禁止”条款,应承担相应的法律责任. “Prohibition of business competition” is a common provision of the legislation of companies in all countries obligated to prohibit non-competition refers to the specific status of the company they are engaged in the nature of the business competition or damage the interests of the company as the company Market players rely mainly on competition in the market to survive, so providing a fair and equitable competitive environment is crucial to the development of the company. The “non-competition” obligation basically creates the conditions for fair competition Almost all of the legislation of companies in various countries emphasize that the top management of a company shall not operate its own business or operate others’ business similar to that of the company in which it is employed or act in a way that undermines the interests of the employed company, otherwise it violates the principle of “non-competition Prohibited ”clause, should bear the corresponding legal responsibility.