论职业足球中的青训回报制度

Reward System for Training of Young Players in Professional Football

在博斯曼案发生后,为了鼓励职业足球俱乐部投入青训活动,国际足联在新的转会体系下专门设置回报青训俱乐部的培训补偿制度,该制度虽引发一定争议,但其旨在实施因球员在各会员足协之间转会而发生的培训补偿统一的规则,从而具有重要价值。不同的是,受U23新政带来的青年球员身价倍增的影响,旨在进一步保护培训单位利益的中国足协青训回报特有制度还采取强化培训协议的稳定性、赋予俱乐部对球员的首次缔约权等措施,这不仅偏离了国际足联预设的轨道,与球员自由流动的趋势不符,还容易与竞争法发生冲突,从而面临遭受反垄断审查的风险。在我国目前的青训回报实践中,因“天价违约金”带来的培训协议争议以及通过“过桥转会”逃避培训补偿的情形,仍有必要在充分借鉴国际体育仲裁裁判法理的基础上进行妥善解决。

After the Bosman case,in order to encourage the professional football clubs to invest in the training of young players,FIFA set up a system of training compensation to reward the clubs training of young players under the new transfer system.Although the system has caused some controversy,its preliminary implementation of uniform rules for training compensation that occurs due to the transfer of players between football associations member has an important value.The difference is that,influenced by the doubling of the value of young players brought by under-23 new policy,and in order to protect the interests of training units,the unique reward system for training of young players of CFA also adopts measures strengthening the stability of training agreements and giving the club the right to sign a contract for the first time to the players.This not only deviate from the track set by FIFA,but also easily conflict with competition law,thus facing the risk of antitrust review.In the current practice of reward for training of young players in China,the disputes over training agreement caused by"sky-high penalty for breach of contract"and to avoid training compensation through"bridge transfers"are properly resolved on the basis of jurisprudence of international sports arbitration.