中国职业足球运动员纠纷解决机制的现存问题与优化路径

Problem and Optimization Path of Dispute Resolution Mechanisms of Chinese Professional Football Players

职业足球运动员与俱乐部、足球协会等主体之间法律关系的特殊性,决定了此类体育纠纷解决机制的多样性。分析英国、德国足球运动员纠纷案例及其纠纷解决机制的特点,结合中国职业足球运动员在合同型和技术型纠纷等领域的实践,从纠纷性质、法律适用以及执行等方面进行探讨。认为:目前中国职业足球运动员纠纷解决机制缺乏独立体育仲裁机构与相应的监督和审查,内部仲裁、外部仲裁、调解与诉讼之间衔接不畅。基于中国职业足球现状和《体育法(修改草案)》,提出根据不同类型纠纷建立相应解决机制,并建立独立体育仲裁机构,完善程序衔接整合:①运动员与俱乐部的劳资纠纷,双方适用普通仲裁程序;②技术型和管理型纠纷由足球协会内部仲裁庭裁决;③运动员的纪律处罚以及不服内部仲裁的纠纷,在穷尽足球协会的内部救济后适用上诉仲裁程序;④运动员与赞助商的合同纠纷,在确定违约或侵权的合同责任后,可直接向法院提起诉讼或向独立体育仲裁机构提起普通仲裁。

Because of the particularity of the legal relationships among professional football players,clubs and football associations,there are diversified resolution mechanisms for sports dispute.The classic dispute cases of football players in England,Germany and other countries and the characteristics of relevant resolution mechanisms are analyzed.Combined with the practice of professional football players'dispute resolution in the fields of labor disputes,internal punishment disputes and sponsorship contract disputes,the nature of disputes,application and implementation of laws are discussed.The result states there are some problems existing in the dispute resolution mechanism of professional football in China,such as the lack of independent sports arbitration institutions,accordingly the lack of corresponding supervision and inspection,as well as the lack of the correlation among internal arbitration,external arbitration,mediation and litigation.Based on the status quo of Chinese professional football and the revised draft of Sports Law,corresponding dispute resolution mechanism according to different types of disputes,establish an independent sports arbitration institution is proposed to establish,and improve the connection and integration of procedures.The common arbitration procedure should be applied to the labor disputes between players and clubs.The technical and management disputes in professional leagues should be decided by the internal arbitration tribunal of the Football Association.The appeal arbitration procedure should be applied to disputes involving the disciplinary punishment of players and those who do not accept the internal arbitration after exhausting the internal relief of the Football Association.In terms of contract disputes between players and the sponsors,after determining the contract disputes or infringement due to contract liability,it can file a lawsuit to the court or bring an ordinary arbitration to an independent sports arbitration institution.