Study On The Protection Of Rights Of Professional Footballers When Transferring

The transfer dispute of professional football players in China usually involves three parties,namely professional football players,transfer out of the club,and transfer into the club;During the transfer process,transfer disputes arise between professional athletes and clubs,between transferring into clubs and transferring out clubs.From the perspective of labor law,this article will discuss in detail the protection of the transfer rights of professional players in the event of a transfer right dispute between professional players and clubs.By citing China’s labor law,sports law and other relevant laws,the articles of association of football,the management regulations issued by the football association and other regulations issued by the football association and the relevant judicial practice to analyze and summarize,clarify the legal relationship between professional football players and clubs,and more accurately define the nature of professional football players’ transfer rights,so as to better protect the rights of professional players.This paper first selects several typical cases from the search for transfer cases in China,and introduces the current situation and problems of China’s current transfer system through the analysis of cases.At the same time,the relevant concepts and classifications of the transfer system in professional football are introduced,the basic problems of transfer are clarified,various theories on transfer fees are sorted out,and the nature of transfer fees is clarified.Secondly,there are two views on the legal relationship formed between professional football players and clubs,labor relationship and employment relationship,starting from the basic characteristics of workers to clarify the legal relationship between them,and analyzing the identity of professional players as special workers.Then,compare and learn from the transfer systems of European and American countries and learn from how they protect the rights of professional players.Finally,by analyzing the legal problems of infringement of athletes’ rights in the process of player transfer,the remedies for infringement of players’ rights in the process of player transfer are listed,their legality and rationality are demonstrated,and some opinions are put forward on the protection of the transfer rights of professional players.These include the clear identification of professional players,the formation of players’ unions,the establishment of a football agent system,and the establishment of a sports arbitration system.Through the definition of the legal relationship in the transfer process of professional footballers,the reference of the protection of the transfer rights of foreign professional footballers and the suggestions made on the transfer of professional footballers,it is hoped that it can escort professional footballers at the legal level,explore a path suitable for the development direction of professional football in China,protect their legal rights,let them improve their competitive level with peace of mind,and at the same time promote the flow between players and healthy competition between clubs,so as to maximize the protection of the transfer rights of professional footballers.Promote the healthy development of the professional football industry.