| 摘要: |
| 我国足球改革以来成效有目共睹，但职业足球运动员权利无法得到有效保障的问题依然未得到妥善解决。基于满足主体适格性、球员与俱乐部具有从属关系、立法及司法实践中无认定障碍等理由，认为职业球员与俱乐部之间构成劳动关系，职业球员作为劳动者的正当权益便有法可依。同时，考虑到职业球员的稀缺性、难以替代性、高风险及职业生涯短暂等特点，以及足球行业的国际性与行业自治等双重特性，有必要进一步明确二者之间劳动关系的特殊性。职业球员的权利保障不能简单逐条适用劳动法相关规定，应以保障职业球员劳动者基本权利为基本原则，在劳动法规与行业规则之间寻求利益的平衡点，尊重行业规则的同时妥善适用劳动法规。 |
| 关键词: 劳动法 劳动关系 职业足球运动员 特殊性 转会规则 自由择业权 劳动争议 |
| DOI： |
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| 基金项目: |
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| Exploration and Analysis on the Rights Protection of Professional Football Players from the View of Labor Law |
| XIE Li-yuan |
| (School of Economic Law, East China University of Political Science and Law) |
| Abstract: |
| The football reform in China has seen an obvious effectiveness, but the problem that the rights of professional football players can not be effectively guaranteed is still not properly solved. Based on such reasons as meeting subject eligibility, a subordinate relationship between the players and their clubs, and lack of identity disorder in legislation and judicial practice, it is considered that due to the labor relationship between the professional players and their clubs, the legitimate rights and interests of professional players as laborers has laws to abide by. Meanwhile, the scarcity of professional players, irreplaceability, high risk, short career period as well as the international and the duality of internationalization worldwide and autonomy within the football industry, make it necessary to further clarify the particularity of the labor relations between two sides. The relevant provisions of the Labor Law can not be simply applied to the rights protection of professional players one provision after another. The basic principle which safeguards the basic rights of professional players should be taken, and the balance of interests between labor laws and rules in football industry should be sought. Labor rules should be properly applied in addition to respecting the rules within the football industry . |
| Key words: labor law labor relations professional football players particularity transfer rules of players freedom in choosing a job labor dispute |
