Preliminary Study On The Application Of Behavior Preservation In Non-competition Disputes

Behavior preservation refers to an order in which the court orders the parties to make certain actions or prohibit them from making certain actions before the final judgment is made. China's behavior preservation system draws on the Interim injunction of common law system as well as einst weiliger Rechtsschutz of continental law system, and was originally applied to maritime special procedures and intellectual property field. The Civil Procedure Law, amended in 2012, has unified the behavioral injunction system and extends the scope of behavior preservation to the entire civil litigation field.

According to case retrieval, in recent years, behavior preservation has been widely applied in the fields of intellectual property protection, trade secret protection and unfair competition. There is also relevant juris prudence in other civil disputes. However, in the field of labor disputes, behavior preservation has not been applied so far. In fact, the provisions of the