“刘健合同案”引发的思考

Some Thought Based on the Transfer Contract Case of Liu Jian,A Football Player in China

采用文献资料法和逻辑分析法,从"刘健合同案"出发,讨论"阴阳合同"对运动员的潜在威害。并从法律角度分析足球职业联赛中"阴阳合同"的法律效力。研究认为:出现在中国足球职业联赛中的"阴合同"和"阳合同"都具备法律效力。足协在处理"阴阳合同"时候,应当严格按照备案合同执行,同时"阴合同"对俱乐部和运动员均有法律约束力;"刘健合同案"反映出足协在合同管理上的不规范;限薪缺乏科学性。建议足协对备案合同进行制度化管理,加大合同审查力度;科学化限薪;建立我国的体育仲裁机构。

This article applies methods of literature and logical analysis, begins with the transfer contract case of Liu Jian a football player in China, and discusses potential threats of black--white contracts for athletes. And from a legal point of view this article analyzes the legal validity of black-white contracts in CFL. This study suggests that： both the ＂white contract＂ and ＂black contract＂ appeared in the Chinese Football League have legal validity. In dealing with such contracts, CFA shall the execute the contract strictly in accordance with the recorded contracts, meanwhile ＂black contracts＂ are legally binding for the clubs and athletes; Transfer Contract Case of Liu Jian reflects that CFA does not have regulated management of the contracts; salary limit lacks of scientific basis. It is recommended that CFA should have institutionalized managements over the recorded contracts, increase contract scrutiny, take scientific salary limit, establish Chinas sports arbitration body.