Research On The New (2017) Collective Agreement Of The National Basketball Association

Professional athletes,as the main body of China’s sports industry,have made outstanding contributions to the development of China’s sports industry.Ensuring the rights and interests of professional athletes is an important prerequisite for the healthy development of China’s professional sports industry.The collective agreement system of the National Basketball Association is mature and perfect,which is of great significance for balancing the labor capital relationship in professional sports and safeguarding the rights and interests of professional athletes.This paper takes the collective agreement of the National Basketball Association as the research object,uses logical analysis,comparative analysis,and interview,and uses the formation of the collective agreement system of foreign athletes for reference to break through the institutional pattern of the realization of China’s professional sports collective agreement.Finally,the following conclusions are drawn.1.the National Basketball Association,based on complete laws,has clear legal norms for the content and implementation of professional sports players’ trade unions and collective agreements,has mandatory binding force to ensure the implementation of collective agreements,and a sound professional sports legal system to relieve labor conflicts and protect the legitimate rights and interests of players;2.The United States federal government has no special sports management department.Sports affairs are undertaken by multiple social organizations.The industry maximizes internal labor autonomy through the collective agreement system;3.The players’ union of the National Basketball Association has a professional legal department,which has the functions of legal knowledge training,legal question consultation,legal aid,etc;4.The National Basketball Association players’ union is an independent organization with dual characteristics of social organization and economic organization.In the collective agreement,employers and employees are independent of each other,and the union protects players’ rights and interests through collective agreement,striving for good working conditions for players;5.Professional sports in the United States has a sound internal and external dispute resolution mechanism.Internally,it relies on arbitration methods stipulated in collective agreements to resolve labor conflicts,and externally,it guarantees the players’ rights to strike,appeal,and negotiate through national laws;The experience of the United States has positive reference significance for China’s current professional sports to resolve labor conflicts and promote labor capital autonomy:1.We should improve the legislation on the protection of athletes’ rights and interests,and make the duties of the subject of obligations clear.China should improve the Labor Law,Sports Law and other relevant legislation as soon as possible,and clearly define the respective obligations of sports associations and employers;In addition,the Sports Law should make special legislation to protect the rights and interests of professional athletes,and protect the rights and interests of professional athletes at the level of industry law;2.Our government should actively put forward legislative plans and suggestions,promote collective negotiation of professional sports and improve the formulation of supporting legislation to determine the status of bargaining subjects between employers and employees,determine the coordination function of the government,and form a dialogue mechanism to provide full support for the smooth operation of the collective agreement system of professional sports;3.Improve the diversified sports dispute resolution mechanism in China,with the existing sports arbitration commission as the center,and a diversified dispute resolution mechanism including reconciliation,mediation,and internal arbitration;Clarify the internal and external relationship between dispute resolution in the sports industry and the labor arbitration system;Clarify the jurisdictional relationship between sports industry management departments,arbitration institutions,and judicial authorities;4.Enhance athletes’ awareness of rights protection.The trade union is a collective rights protection organization for athletes to maintain and improve their working conditions and realize their legitimate rights and interests.In addition,strengthening the awareness of rights protection of athletes’ trade unions can promote the establishment of the collective negotiation system for professional sports in China.