Research On The Protection Of Professional Athletes' Rights And Interests

The healthy development of the professional sports industry needs the participation and contribution of professional athletes.To protect the rights and interests of professional athletes is conducive to the healthy development of the professional sports industry.However,in recent years,the frequent disputes of professional athletes' back pay,transfer and "Yin-Yang contract" reflect the lack of protection of professional athletes' rights and interests.There are many controversies about the legal nature of the work contract signed between professional athletes and sports clubs in the theoretical circle.Because of the demand of sports autonomy,the court is also cautious about accepting the disputes of professional athletes in judicial practice.Based on the rights that professional athletes should possess in order to achieve their professional goals,this paper analyzes the reasons why it is difficult to protect the rights and interests of professional athletes,and explores the system design of the protection of the rights and interests of professional athletes to adapt to China's national conditions.The first chapter defines and classifies the professional athletes,and defines the research object of this paper as the professional athletes who sign the work contract with the sports club.After that,by analyzing the types of disputes that professional athletes frequently fall into,it is clear that professional athletes should have the right to health,the right to receive remuneration,the right to transfer,the right to guarantee retirement and the right to judicial relief in order to achieve their professional goals.The second chapter of this paper is to explore the reasons for the difficulties in protecting the rights and interests of professional athletes.First of all,according to the professional attributes of professional athletes and the types of disputes that occur frequently at present,this paper summarizes the difficulties faced by the protection of professional athletes' rights and interests.At present,the nature of the legal relationship between professional athletes and sports clubs is controversial,so different legal relationships on the rights and interests of athletes are studied.Finally,it analyzes the influence of sports industry norms on Athletes' rights and interests because of the principle of sports autonomy.The third chapter mainly studies the legal protection system of professional athletes in the United States,Germany and the United Kingdom.It mainly studies the club alliance system and the athlete union system in the United States.Germany's labor law and German court's attitude towards sports compulsory arbitration system.Britain's legal protection of the right of free movement of professional athletes.The fourth chapter mainly explores the system design of the protection of professional athletes' rights and interests.First of all,the standard work contract of professional athletes should be optimized in a short period of time,and the protection clauses of athletes' rights and interests should be added.In the long run,the establishment of professional athletes' trade union system and collective bargaining system is more conducive to enhancing athletes' negotiating ability.The power of the national single sports association should be divided and balanced,and a special sports arbitration organization should be set up to protect the rights and interests of athletes.Finally,the right to health and the right to retirement are guaranteed by establishing the personal insurance system and optimizing the system.