摘要
职业足球运动员与俱乐部之间系劳动合同关系,中国足协针对欠薪问题以“一刀切”方式撤销俱乐部联赛准入资格,导致大批俱乐部解散、球员失业,未能从根本上解决欠薪问题。俱乐部被取消注册资格后,通常导致球队解散,足协仲裁委员会因此拒绝管辖,而劳动争议仲裁委员会与法院一般拒绝受理足球行业内部纠纷,出现球员无处维权之现状。历年球员与俱乐部劳动合同纠纷系列案例呈现各地、各级法院迥异的处理方式,多数法院在司法权介入足球自治领域问题上十分审慎。球员讨薪实践具有周期长、无人管、维权难、收益小等特点,亟待填补法律空白、完善体制机制、畅通维权途径以保障职业球员合法权益,从而振兴中国足球,实现体育强国梦。
The relationship between professional football players and clubs is based on the labor contract.The Chinese football association has taken a"one-size-fits-all"approach to the issue of unpaid salaries for players,which has led to the dissolution of a large number of clubs and the unemployment of players.However,this method fails to solve the problem of unpaid salaries fundamentally.The disqualification of a club usually results in the dissolution of the team.Therefore,the football association arbitration commission refuses jurisdiction,while labor dispute arbitration committees and courts generally refuse to accept internal disputes in the football industry,leaving players with nowhere to defend their rights.Through the empirical study of the disputes between players and clubs over the years,it is found that the courts in different regions and at different levels in China have different handling methods,and most of the courts are very cautious about the issue of judicial power intervening in the field of football autonomy.The practice of players'asking for salaries has the characteristics of a long cycle,no one in charge,being difficult to safeguard rights,and small profits.Thus,it is urgent to fill the legal gap,improve the system and mechanism,and smooth the way for safeguarding rights and interests to protect the legitimate rights and interests of professional players,so as to revitalize Chinese football and realize the dream of becoming a sports power.
作者
钱思雯
QIAN Siwen(Business School,Changshu Institute of Technology,Changshu 215500,China)
出处
《常熟理工学院学报》
2021年第3期80-86,共7页
Journal of Changshu Institute of Technology
关键词
注册资格
足球运动员
权利保障
案例研究
qualification for registration
football players
protection of rights
case study
