职业运动员第三方所有权的若干问题探析

An analysis of several issues about third-party ownership of professional athletes

结合我国法律、中国足协和国际足联等的规定,对职业运动员第三方所有权出现的缘由、国外体育组织对待运动员第三方所有权合同的态度、我国法律与体育组织的规定对运动员第三方所有权合同的差异、中国足协与国际足联相关规定的差异等进行了研究。研究发现,法律难以应对运动员第三方所有权合同可能引发的负面影响,虽然国际足联等体育组织发布了禁止签订运动员第三方所有权合同的禁令,但其实际效力有待观察。为我国职业体育俱乐部避免因运动员第三方所有权合同受到国际体育组织处罚、避免陷入合同纠纷,中国足协等体育组织应加强普法宣传,及时公告国际体育组织的规则变化;我国职业体育俱乐部进行职业运动员跨国流动应遵循国际规则,并签订免责条款。

In accordance with the stipulations of Chinese laws, Chinese Football Association（CFA） and FIFA, the author studied the reasons for the appearance of third-party ownership of professional athletes, its positive and negative effects on professional sports, foreign sports organizations＇ attitude toward third-party ownership contracts of athletes, differences in third-party ownership contracts of athletes in the stipulations of laws and sports organizations, and differences in the related stipulations of CFA and FIFA, and found that it was difficult for laws to deal with negative effects possibly triggered by third-party ownership contracts of athletes, although sports organizations such as FIFA had issued an order to ban the signing of third-party ownership contracts of athletes, its actual effect needed to be observed. In order to prevent Chinese clubs from being punished by international sports organizations or falling into contract disputes due to third-party ownership contracts of athletes, sports organizations such as CFA should strengthen the promotion of law popularization, and publicize the changing of rules of international sports organizations; when carrying out transnational transfer of professional athletes, Chinese clubs should follow international rules, and sign responsibility exemption clauses.