竞技体育制度变迁背景下教练员权利保障研究

Research on the Guarantee of Coaches' Rights under the Background of the Changes of Competitive Sports System

在竞技体育制度变迁背景下,教练员权利的实现要从对集体权威、奉献精神以及义务本位的强调,逐渐走向契约下的劳资共赢、个人自主和自我发展。教练员权利与一般劳动者权利之间的区别在于注意义务、人际关系和权利维护方面的特殊性;与运动员之间的区别在于权威性、被动性和随意性方面。教练员权利保障的现存问题包括法规不健全,劳动仲裁的裁审关系难以兼顾教练员职业的特殊性以及权利救济缺乏实效,需要针对教练员权利特征、受侵内容、形式,从物质保障、精神支持、制度完善等方面制定相关规章制度,加强对教练员的人文关怀和法律援助,在晋级、薪酬等方面体现教练员劳动价值,在签约、纠纷处理上予以专业帮助。借鉴国外内部仲裁与外部司法结合处理体育纠纷的程序原则,建立健全竞技体育系统内部自治机制和体育仲裁制度,从法律实体及程序方面实现教练员权利保障。

Under the background of the changes of the competitive sports system, the realization of coaches＇ rights should change from the emphasis on collective authority, dedication spirit and dutybased standard to the gradual guarantee mechanism of contractual labor and capital win-win, personal autonomy and self-development. The main differences between the coaches＇ and the ordinary workers＇ rights exist in the special treatments of the attention of the duties, interpersonal relationship and the assertion of the rights, and the differences between the coaches＇ and the athletes＇ rights are in the aspects like authority, passivity and randomness. The existing problems of the protection of coaches＇ rights mainly include that the related laws and regulations are not adequate, the relationship between arbitration and judgments of labor dispute is hard to take the particularity of coaches＇ profession into account, and the lack of effectiveness of rights relief is also not rare. Therefore, some relevant rules and regulations should be drawn up in terms of aspects such as material support, spiritual support and system perfection, which are mainly in accordance with the characteristics of coaches＇ rights and contents and forms of the violation.It becomes very necessary to strengthen humanistic care and legal aid to coaches,provide some professional help with the signing of contact and handling of some disputes and their job promotion, rise of salary and other aspects should exhibit their values. By learning from the principles that foreign countries use for internal arbitration and external justice to deal with sports disputes, the establishment and improvement of the internal autonomy mechanism and sports arbitration system of the competitive sports system can help realize the legal protection of coaches＇ rights from legal entities and procedures.