With the development of marketing economy and frequently flowing of employees, the conflict between protection of commercial secrets and freedom of career-selecting became more and more severe. Despite of the specific rules in Employment Contract Law that enterprises can solve this conflict by way of signing confidential contracts and non-competition agreements with the employees, in point of jurisprudence these rules are no more than products of composition of conflicts, which cannot solve these conflicts fundamentally. Therefore, there are still many practical problems to be discussed so as ...