球员转会补偿制度的实践构造

The Practical Construction of Player Transfer Compensation System

国际足联基于球员转会为新俱乐部创设了转会补偿支付义务,培养过球员的俱乐部具有了获得转会补偿的合法权利。研究提出:(1)转入俱乐部在国家足协将球员注册为职业球员时,培养过球员的俱乐部方能获得转会补偿;(2)培训补偿数额应以新俱乐部所在补偿类别作为计算标准乘以培训单位的培训年数进行计算;(3)转会俱乐部内部之间约定联合机制补偿支付负担方的协议并不违反RSTP的规定,但支付联合机制补偿负担方的法定义务主体只能是新俱乐部;(4)未在球员转会匹配系统完成注册手续的俱乐部,无须向培训过球员的俱乐部支付联合机制补偿;(5)球员转会补偿制度能够被普遍遵守和执行的关键在于,诚信管理体系的规范性维护、球员匹配系统的程序性实施以及严厉惩罚措施的制度性保障;(6)我国俱乐部应借鉴RSTP制度的运行机制,禁止业余球员转会收取转会补偿,提高球员转会补偿标准,严惩俱乐部与球员签订阴阳合同规避转会补偿,推行信誉评级制度实现诚信管理。

FIFA have created a transfer compensation obligation for the new club based on player transfer.The clubs that trained players have the legal right to obtain transfer compensation.This paper proposes:(1)When the transferred club to register the player as a professional player,the club trained the player can receive transfer compensation;(2)The amount of training compensation is calculated by taking the training costs of the club multiplied by the training years;(3)The agreement between the transfer clubs shall includes a solidarity mechanism to compensate for the burden of payment which does not violate the provisions of the Regulations on the Status and Transfer of Players(RSTP)but the subject of the legal obligation to pay for the solidarity mechanism to compensate the burden party shall only be the new club;(4)If the new club does not complete the registration process for the player in transfer match system,it is not necessary to pay the solidarity mechanism to the club where the players have been trained;(5)The key to the compliance and implementation of the player transfer compensation system is the standardized maintenance of the integrity management system,the procedural implementation of the player matching system,and the systematic guarantee of severe punishment measures;(6)China's clubs should learn from the operating mechanism of the RSTP system,forbid amateur players to transfer and receive transfer compensation,increase the player”s transfer compensation standards,severely punish clubs and players for signing two contracts to avoid transfer compensation,and implement a credit rating system to achieve credit management.