《劳动合同法》第23条的粗疏规定引发了许多有关竞业补偿的争议。本文以德国法为比较视角,着重对目前三个焦点问题进行探讨,即竞业补偿的合理性标准、未约定竞业补偿的法律后果以及未按约定支付竞业补偿的法律后果。 The rough rules of Article 23 of the Labor Contract Law have triggered many controversies about compensation in the business sector. This article takes the German law as the comparative perspective, focusing on the three focus issues discussed at present, that is, the rationale of the competitive compensation, the legal consequences of not stipulating the competitive compensation and the legal consequences of not paying the non-agreed compensation.