教练员权利表现特征与保障机制研究

Research on Guarantee of Coach's Right

依法治国强调集体权威为特征的义务本位社会向以强调公民自决为特征的权利本位社会转化,公民的权利意识高涨,各种维权诉讼日益增多,体育职业化不断发展。在这个社会大背景下,作为职业体育资方主体的俱乐部与劳方教练员之间的劳资关系呈现复杂化、易变性特点。如何保障处于相对弱势地位的教练员权利,事关整个体育职业化的健康发展与项目竞技水平的提高。在项目协会无仲裁权,相关法律法规急需健全完善情况下:应通过教练员所属体育主管部门、项目协会对俱乐部进行监管;通过建立教练员工会转变教练员弱势群体地位;通过规范治理职业体育市场、加强法律援助、明细劳动合同保障教练员权利;从社会心理上关心教练员成长,缓解教练员职业压力,依法促进教练员权利保障和义务履行。

In current China,the society is changing from emphasis on collective authority to obligation based on self- determination of citizens. The rights consciousness of citizens keep surging with various rights litigation increasing and sports professionalism being developed. Under such circumstances,the relationship between club and coaches is becoming complicated and fickle. How to protect the rights of the coaches who are in a relatively weak position become a problem related to the development of whole physical occupation and promotion of competitive level. The project association had no right of arbitration and relevant laws and regulations were far from being perfect. There is therefore a need to propose project association to care about coaches and relieve their professional pressure and burnout. It also need to establish professional coach society to change their status of disadvantaged groups. By strengthening the functions of the government sector and management of professional sports market,in accordance with legislation of coaches occupational protection law,establishment of professional coaches’ legal aid agencies,and lucidness of details of labor contract,we could promote the protection of the rights and obligations of coaches.