中国足球运动员转会费的法律性质评析

An analysis of the legal nature of the transfer fee of football players in China

关于中国足球运动员转会费的法律性质问题,有违约金说、赔偿金说、训练培养费说、所有权转让金说和优先权转让费说等。转会费的数额一般远高于运动员的收入,这不符合违约金的补偿性原则;赔偿金说未注意违约者被明文排除出转会名单,单方违约是运动员禁止转会的理由;所有权转让金说忽视了转会的人身属性;训练培养费说被国际足联肯定;优先权转让费说符合中国足球运动员转会费法律性质。

There are the following explanations for the legal nature of transfer fee of football players in China： Breach of contract damages, indemnification, training and cultivation fees, proprietary right transfer fee, and preferential right transfer fee. The amount of the transfer fee is usually much more than the athlete＇s salary income, which is not in conformity with the principle of compensation of breach of contract damages; in the explanation of indemnification, it is overlooked that the one who breaches the contract will, as explicitly specified in the contract terms, be removed from the list of names of athletes who are qualified for transfer, and that unilateral breach of contract is the reason for banning the athlete from being transferred; in the explanation of proprietary right transfer fee,the personal attribute of transfer is neglected; the explanation of training and cultivation fees is affirmed by International Football Association, while the explanation of proprietary right transfer fee is in conformity with the legal nature of the transfer fee of football players in China.