中文体育类核心期刊

中国人文社会科学期刊AMI综合评价(A刊)核心期刊

《中文社会科学引文索引》(CSSCI)来源期刊

美国《剑桥科学文摘》(CSA)收录期刊

中国高校百佳科技期刊

HUANG Shichang, YAN Ziang. Problem and Optimization Path of Dispute Resolution Mechanisms of Chinese Professional Football Players[J]. Journal of Shanghai University of Sport, 2022, 46(2): 14-23. DOI: 10.16099/j.sus.2021.04.09.0007
Citation: HUANG Shichang, YAN Ziang. Problem and Optimization Path of Dispute Resolution Mechanisms of Chinese Professional Football Players[J]. Journal of Shanghai University of Sport, 2022, 46(2): 14-23. DOI: 10.16099/j.sus.2021.04.09.0007

Problem and Optimization Path of Dispute Resolution Mechanisms of Chinese Professional Football Players

  • Because of the particularity of the legal relationships among professional football players, clubs and football associations, there are diversified resolution mechanisms for sports dispute. The classic dispute cases of football players in England, Germany and other countries and the characteristics of relevant resolution mechanisms are analyzed. Combined with the practice of professional football players' dispute resolution in the fields of labor disputes, internal punishment disputes and sponsorship contract disputes, the nature of disputes, application and implementation of laws are discussed. The result states there are some problems existing in the dispute resolution mechanism of professional football in China, such as the lack of independent sports arbitration institutions, accordingly the lack of corresponding supervision and inspection, as well as the lack of the correlation among internal arbitration, external arbitration, mediation and litigation. Based on the status quo of Chinese professional football and the revised draft of Sports Law, corresponding dispute resolution mechanism according to different types of disputes, establish an independent sports arbitration institution is proposed to establish, and improve the connection and integration of procedures. The common arbitration procedure should be applied to the labor disputes between players and clubs. The technical and management disputes in professional leagues should be decided by the internal arbitration tribunal of the Football Association.The appeal arbitration procedure should be applied to disputes involving the disciplinary punishment of players and those who do not accept the internal arbitration after exhausting the internal relief of the Football Association. In terms of contract disputes between players and the sponsors, after determining the contract disputes or infringement due to contract liability, it can file a lawsuit to the court or bring an ordinary arbitration to an independent sports arbitration institution.
  • loading

Catalog

    /

    DownLoad:  Full-Size Img  PowerPoint
    Return
    Return