论我国入籍运动员的权利与义务——以足球领域入籍运动员为切入点

Rights and Obligations of Naturalized Athletes in China as Seen from Naturalized Football Players

入籍运动员平等享有中华人民共和国公民的权利并平等承担相应义务,但基于入籍运动员在身份、职业、语言、文化等方面的特殊性,需要对其入籍到退役全阶段权利义务进行特别规定。在入籍阶段,其面临入籍条件与参赛资格的双重制约,需要满足入籍国国籍法及相关国际体育组织的规章制度;在职业发展阶段,其也面临公平竞争与人格利益方面的权利保障与义务履行问题;在退役阶段,其劳动者法律地位与社会保障也需特别加以明确。

The naturalized athletes should equally enjoy the rights of citizens of the People’s Republic of China and assume corresponding obligations. Meanwhile, due to the particularity of naturalized athletes in identity, occupation, language, culture and other aspects, their rights and obligations from naturalization to retirement should be specially stipulated. At the naturalization stage, there were dual restriction of naturalization conditions and entry qualification, which should meet the nationality law of the naturalization country and the regulations of relevant international sports organizations. For career development, the protection of rights and obligations in terms of fair competition and personality interests were required. For retirement, the legal status and social security needed to be specifically defined.