职业足球治理的商法解释

Business Law Analysis on Professional Football Governance

法治视野下探讨中国职业足球治理问题,需要商法思维的引入,依照商法规则建立良善的职业足球治理秩序。职业足球俱乐部是特殊公司,生产的是具有准公共性的竞赛产品,行业特殊规定对其商行为、名称选定和市场退出机制上的限制,可经由商事习惯法解释获得合法性基础。足球职业联盟有公司制和协会制两种,皆为商主体存在,具有特殊的商事规则。中国职业足球的改革发展,应在借鉴足球强国经营规则和治理框架的基础上,遵循一般商法规范,考虑我国足球行业的特殊性,大力构建责任、诚信、公平、高效的职业足球营商环境,夯实中国职业足球治理的根基。

Objective:The governance of professional football in China from the perspective of the rule of law needs to introduce business law thinking and establish a good professional football governance order in accordance with the rules of business law.Professional football clubs are special companies that produce quasi-public competition products.The special regulations of the industry impose restrictions on their business act,name selection and market exit mechanism,which can obtain the basis of legitimacy through the interpretation of business customary law.There are two types of professional football leagues:company system and association system,both of which exist as business entities and have special business rules.Drawing lessons from the management rules and governance frameworks of football powerhouse,the reform and development of professional football in China can strive to build a responsible,honest,fair and efficient professional football business environment by following the general rules of business law,and taking into account the particularities of the football industry,so as to consolidate the foundation of professional football governance.