The Study Of Professional Sportsmen’s Status As Labors

In the recent years, with the continuous deepening reformation of market economicsystem and the constant socialization of sports undertakings, the personnel system whichwas formed under the old system is starting to reform in China. The state employee status ofsportsmen which makes them have the worker identities is being shaken. A proportion ofsportsmen are still enjoying the status as state employee according to the old system whilethe other part of them have signed contracts with sports clubs, being the unofficial personnelwith ambiguous legal statues. The lawsuits on the rights and obligations of those unofficialsportsmen are increasing. The main issue of these lawsuits which is calling for attention iswhether those professional sportsmen can obtain the status as workers and then authorized tobe protected according to Labor Law of China as well as other relative Labor Regulations.Consequence, to explore the labor status of sportsmen is of important practical significances.Meanwhile, there is no any law or regulation providing a legal status to sportsmen andscholars who are researching on this field are rare, hence, to explore the labor status ofsportsmen is of important theoretical significances. The dissertation is started with the casewhich is honored as the First Case of China Go Community Employment---Cao Hengtingcase. Being divided into four parts, the first part of the dissertation introduces the basic factsof Cao Hengting case. Part two of the dissertation is mainly focused on the definitions ofbasic concepts, including Professional Sportsman and Laborer,. Part three of the dissertationis about the thinking of author on the point---the vocational employee status of professionalsportsmen in our country, emphasizing that the nature of professional sportsmen arecombination of ordinary workers’ generalities and their own particularities, leading to theconclusion that professional sportsmen should possess the status as labors. Afterwards, thispart is giving suggestions on the issue aiming at professional sportsmen’s particularities.Then, in part four, concerns are back to the analysis of Cao Hengting case. Based on thetheory of professional sportsmen to analyze so as to optimize the solution to Cao Hengtingcase and strengthen the legal protection for professional sportsmen.