体育雇佣关系的定位和法律调整模式

Research on the Attribution of Sport Employment Relationship And Its Legal Regulatory Mode

运用民法学、劳动法学的基本原理与体育相关理论对在运动员流动过程中用人单位与运动员之间的法律关系进行研究,认为用人单位和运动员之间的关系应定位为体育雇佣关系;在体育雇佣合同中,应规定合同的最长期限,运动员享有自由流动的权利;运动员(雇员)所受的体育伤害应适用无过错责任原则,由用人单位(雇主)承担雇主责任;尽快建立体育雇佣法来调整规范体育雇佣关系。

Based on primary principles of civil law, labor law and the relevant sport theories, this study conducted a theoretical analysis on the legal relationship between employee and athletes during the process of athletes＇ transferring. It found that the relationship between employee and athlete can be defined as a kind of sport employment relationship; In the eontmet of sports employment, it is necessary to regulate the maximum duration of the employment and ensure athletes to own the free - transferring right; The sport injury of athletes （employees） should be suitable for doctrine of no-fault liability and it is employing work units （employers） who are responsible for the liability; It is suggested to establish the employment law soon in order to regulate the sports employment relationship by law.