| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 98 === Currently on turnover after the Post-Employment Noncompetition Agreement, and there is no express provision of law, while allowing the parties to the principle of freedom from the contract agreement of the Bank, the event of default resort to legal means of relief, and more by the court as future review of the last line of defense after the turnover noncompete contract clauses whether Rationality, and the court was appointed on the review of the case by the judge, "interest measure" approach, but also to avoid the logic empty, it invokes to the Constitutional 15 right to life, right to work and property rights protection, based on jurisprudence, doctrine and foreign case law to create a one of the reference standard, however this measure to raise, but during which lacks a legal interest of all sectors of the order to determine its value to resort to the judge by the rule of thumb methods and logical law judge, will result in excessive subjectivity? Judge the results difficult to predict stability loss method? Is a clear-cut way to facilitate the operation of determining whether there are cases in the interests of objectivity? The practices involved in private rights disputes have legitimacy? This article attempts to explore the issue from the point of legal methodological theory.
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