Chinese Law and Society Talk Series

Legally Supported Bullying? Legal Consciousness on Non-compete Agreements in China

Date & Time: February 9, 2026 (Monday) 11:00-12:00

Venue: Room 901, 9/F Cheng Yu Tung Tower, The University of Hong Kong

Language: English

Abstract:

There are growing scandals involving Chinese companies abusing non-compete agreements (non-competes). Using legal consciousness as the research framework, this article empirically explores employees’ perceptions, interactions, and experiences with non-competes. Drawing on twenty semi-structured interviews and 344 supplementary screenshots of online discussions, this study identifies complex and intertwined forms of legal consciousness across three moments: signing, considering job hopping, and confronting activated non-competes. Employees may exhibit a “before the law” consciousness by endorsing the theoretical reasonableness of non-competes but simultaneously express a strong “under the law” consciousness in response to their overreach. Legally literate employees mobilize a “with the law” consciousness to seek remedies, while senior employees leverage resources in an “against the law” consciousness to evade enforcement. More commonly, employees develop voluntary or involuntary legal alienation, refraining from resorting to law, which enriches the framework of legal consciousness. The distorted “law in action” highlights the urgent needs for legal reforms.

Speakers：

Longxuan Zhao is Assistant Professor in the College of Arts and Media at Tongji University. His research covers the areas of Digital Sociology, Sexuality Studies, Media Culture, and Qualitative Research Methods. His work can be found from such journals as Big Data & Society, Social Media + Society, and Chinese Journal of Communication.

Yang Chen is Assistant Professor at the School of Law, City University of Hong Kong, where he teaches various intellectual property courses. His research interests primarily lie in trade secrets, the right of publicity, trademarks, and general IP theories. His works have appeared in several law journals, including the Columbia Journal of Law and the Arts, Stanford Technology Law Review, and University of Pennsylvania Journal of Business Law.

Moderator:

Hui Jing is Associate Professor of Law and Deputy Director of the Philip K. H. Wong Centre for Chinese Law, The University of Hong Kong

This is an in-person event. Prior registration is required. Please visit https://bit.ly/49GGcL6 to register. For inquiries, please email Louisa at .

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