| E-sports industry(hereinafter referred to as e-sports industry)is an emerging industry integrating sports,culture and science and technology,as well as a new field deeply integrating high-tech information technology and traditional sports industry.With the continuous progress of science and technology,e-sports industry has achieved great development in China.In the context of the gradual marketization of the e-sports industry,e-sports clubs(hereinafter referred to as e-sports clubs)emerge at the historic moment.For professional e-sports players(hereinafter referred to as: In order to regulate the transfer behavior between e-sports professional players and e-sports clubs,the e-sports professional player transfer system is thus created.Therefore,clarifying the legal relationship in the transfer process of e-sports professional players and pointing out the direction of system reform plays a crucial role in the protection of the transfer rights of e-sports professional players.E-sports professional player transfer legal rights protection in the process of e-sports professionals need to transfer the concept of the definition and theory of interpretation as the foundation,analysis of relevant concepts is to further clarify the purpose of e-sports e-sports club pro and the legal relationship between qualitative,e-sports pro laborer property as determined the precondition and important reference standard.On this premise,through a comparative analysis of the differences and connections between labor and employment relations,and combined with the reality of the transfer of e-sports professional players,a preliminary judgment is made on whether there is a labor relationship between e-sports professional players and e-sports clubs.In the transfer process of e-sports professional players,e-sports professional players and e-sports clubs play different roles,and the different interest demands between them are the main reasons for the transfer disputes.The lack of correct guidance of laws and industry norms,the government’s administrative supervision and perfect dispute resolution mechanism makes e-sports professional players face the realistic dilemma of infringement of transfer rights without reasonable relief.As for the theoretical disputes existing in the transfer of e-sports professional players,the identity of e-sports professional players is clarified through the judgment of the subject eligibility of laborers and the principle of attribute.As for the frequent transfer disputes of e-sports professional players and the defects in the settlement mechanism of transfer disputes,the relevant laws and regulations on the transfer of esports professional players should be improved,the antagonistic effect of transfer contract filing should be clarified,and the e-sports trade union and arbitration system should be established.In addition,the legal rights of e-sports professional players in the transfer process are further protected by giving play to the relevant functions of league officials. |