Research On The Protection Of Transfer Rights Of Chinese Professional Football Players

Professional players as the core strength of professional football, their rights can be fully protected, a direct impact on the development of the level of football in China.In the right of professional players, free transfer is a professional player in the football world. By the transfer, professional players can move to a more suitable for their own level of club, the club can also so as to enhance the level of the team with the help of the better players to join. Right protection depends on good system, and good transfer system is to promote the continuous progress of the professional league booster.Before 2009, the Chinese professional players are subject to many restrictions,free transfer rights are seriously damaged. In 2009, the Chinese Football Association has carried on the reform of the transfer system, the Chinese transfer system gradually with international practice. The implementation of the new system, it is a new problem. This thesis adopts the comparative research method, literature research method, case analysis and other research methods, on the implementation of the new China's professional player transfer system in which the problem, and social some football hot issues and safeguard the free player transfer rights system construction has carried on the thorough discussion.The first part introduces the concept and significance of the transfer system in professional football, and the historical development of our country and the international football transfer system of the sort. And introduces the definition of free transfer of rights.The second part of this paper, the identity of the professional players positioning.From the basic characteristics of workers, analyzes draw conclusions workersbelonging to professional players.In addition, the law of other countries, whether it is professional athletes what the project, the relationship between the clubs and professional athletes are generally recognized as labor relations.Therefore, the "Labor Law" and "Labor Contract Law" should be maintained as the basic rights of legal professional players to play its role in the world of football.The third and fourth parts of this article, From the transfer of process analysis,the transfer process is divided into negotiations between the club,players with the club termination and Players signed with the new club.Wherein the first stage is to discuss the transfer fee between clubs has nothing to do with the players, it should belong to regulate the content of the "Contract Law." The second and the third stage is a process of termination of contract,especially in the process of signing,come out of the current problem is more fiery "yin and yang contract".To analyze its legal nature, and find out the root of the problem.The fourth part is a free agent transfer analysis of the legal issues,Enumerate the players in some particular cases have released by the club of power, become a "free agent",and signed a contract with the new club.And points out some problems need to be modified.In this paper, the fifth part analyses the legitimacy of the Chinese football association's arbitration system.On the one hand, the Chinese football association's arbitration system of existing in violation of the provisions of the legislative law,and the Chinese football association has no right to set up the arbitration system yet.On the other hand the true nature of the arbitration organization is an internal decision mechanism, is not a real sense of the arbitration organization. From the point of view of FIFA's articles of association, the Chinese football association's arbitration organizations lack independence, cannot achieve the requirements of FIFA. So the establishment of independent sports arbitration system is imminent.Finally, in view of the problems mentioned above, to further guarantee the freedom rights of professional players and puts forward some opinions. Including theidentity of professional clear cognizance, to form a union, to establish a football agent system, setting up sports arbitration system, and so on.I hope that the protection of the rights of professional players as an example, to remind football managers should use the method to manage football:The manager of the right as small as possible, the industry's freedom as large as possible, but not to the thing industry management, managers should take the responsibility.And football as the vanguard, in the spirit of the rule of law to all walks of life.