Chinese Professional Basketball Players' Right In New Labor Contract Law

The market-oriented economy is also the governing-by-law economy. In the market-oriented economy, the market subject seeks their legal benefit and regulates the benefit relations with the other subjects relying on law. With the deepening of Chinese sport system's adopting to the socialism market-oriented economy system reform, strong right and law consciousness of athletes in competitive sports are also aroused. Their own rights are concerned. In the governing-by-law society, right protection is the essential content. The behavior that the right subject strive for their own rights according to law is not only legal, but also useful for social development and progress.In the social condition of the promulgation of the new Labor Contract law, starting from the professional basketball players' own interest protection, the author took the logic relations of the right protection among Chinese professional basketball player, professional basketball clubs and basketball administration center as the research object. Applying the methods of literature, expert interviews, questionnaire, case study, and the author compounded the nature of Chinese professional basketball players' rights. The theories of sociology and sports were applied to explain the definition, content and characteristics of Chinese professional basketball players' rights. The relations between the players and the clubs were analyzed from the aspect of labor laws. In the framework of the new Labor Contract law, the players' right protection was explained in order to build up the protection mechanism of the players' rights.According to American Psychologist Maslow's hierarchy of needs, the right content of Chinese professional basketball players was divided into 5 aspects: rights based on physical need, rights based on safety need, rights based on social intercourse, rights based on respect and rights based on self-realization. Legal reference and the theoretical and practical analysis of the 5 types of rights were tried to find out. The players' right should be protected in the era of emphasizing private rights but neglecting the public ones.The labor relation between the players and the clubs has profound vocation characteristics. As a special profession to be encouraged for development, the basketball association needs special right to balance, restrict and supervise its development. The currently implemented Labor Contract law is based on the labor's right and protects their essential rights as possible. The principle should be fit for the sport labor relations. Combining with the new Labor Contract law, through the investigation and interviews with the players and the club, the problems concerning with the players' right protection were concluded as the follows: the clubs have not become the real market subject; the players' labor contracts are not standard; the real organization protecting the players' right has not been formed. Scientific countermeasures aiming at solving the problems were tried to propose in the framework of the new Labor Contract law. The players' right protection mechanism, the dispute prevention and control of the players' rights, legal relief and the supervision system of the games were constructed. The protection of the professional basketball players' rights should be discussed in the principles of the labor laws in order to maintain the players' essential rights, to seek for the right balance between the players and the clubs, to implement the protection rights in the professional sports field.