论CBA国内职业球员合同的法律性质及问题

Study on the Legal Nature on CBA Internal Professional Player Contract

运用民法学、劳动法学的基本原理与体育相关理论对在CBA国内职业球员合同的法律性质进行研究,认为CBA国内职业球员合同具有劳动合同的法律特征,属于劳动合同。并且CBA职业球员合同作为劳动合同面临以下几个法律问题:CBA职业球员合同内容的双重性;CBA职业球员合同缺少劳动合同的必备条款;CBA职业球员合同的格式化性质;职业球员与俱乐部劳动关系依劳动合同法调整的局限性。

Based on primary principles of civil law, labor law and the relevant sport theories, this study has conducted a theoretical analysis on CBA internal professional player contract, and has found that it belongs to labor contract category for its legal characteristics of labor contract. As labor contract, CBA internal professional player contract has to face the following several legal issues： The contents of CBA internal professional player contract process duplicity. CBA internal professional player contract is lack of prerequisite items of labor contact. CBA internal professional player contract is formatted strictly. The labor contract law has certain limitations in adjusting the labor relationship be tween professional player and the club.