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Social & Legal Studies
Article . 2026 . Peer-reviewed
License: CC BY NC
Data sources: Crossref
https://doi.org/10.2139/ssrn.5...
Article . 2025 . Peer-reviewed
Data sources: Crossref
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Legally Supported Bullying? Legal Consciousness on Non-compete Agreements in China

Authors: Longxuan Zhao; Yang Chen;

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

Abstract

There are growing scandals involving Chinese companies abusing noncompete agreements (noncompetes). Using legal consciousness as the research framework, this article empirically explores employees’ perceptions, interactions, and experiences with noncompetes. Drawing on 20 semistructured 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 noncompetes. Employees may exhibit a “before the law” consciousness by endorsing the theoretical reasonableness of noncompetes 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.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
hybrid