Study On The Legal Issues Of The Athletes' Personality Right Of Commercialization In China

This article take the balance in interests and the legal protection of the athletes'personality right of commercialization as the research subject, comprehensive used the method of comparative analysis and the real diagnosis method, to study on three issues which is the legal relations and legal characters, balance in interests, legal protection of the athletes'personality right of commercialization, and summarized the deficiencies of the present law in this foundation to balance in interests and the legal protection of the athletes'personality right of commercialization, then put forward to perfect our country's current law system with several specific proposals and measures.The article besides the introduction and the conclusion, the main text divides into four chapters:Chapter 1 is about the summary of the right of commercialization, has elaborated the appearance of the commercialized movement, the conception and characteristics of the right of commercialization and the social basis which it had produced, and has comparative analyzed the international conventions and the legal regulations about the right of commercialization in Continental Law System and Common Law System, and then has analyzed the legal relations of the right of commercialization in this foundation.Chapter 2 has introduced the athletes'personality right of commercialization from the concept of the right of commercialization, and has introduced the movement evolution in our country about the athletes'personality right of commercialization, then further to make some discussion and analysis about the legal regulations and the legal characters of the athletes'personality right of commercialization, has obtained that the athletes'personality right of commercialization is one kind of all-around right which has two special characteristics on personality rights and the property rights. Afterwards, has made a definition on the scope of interests about the athletes'personality right of commercialization, and proposed some problems about the interests conflict in the process of the athletes'personality marking commercialization, has drawn out the concept of balance in interests.Chapter 3 has discussed the balance in interests about the athletes'personality right of commercialization. First carries on the generality introduction to the mechanism of the balance in interests, next has discussed the necessity of the balance in interests about the athletes'personality right of commercialization, the balance in interests between the athlete and merchant's, the balance in interests between the athlete personal interest and the social public interest, the balance in interests between nations, collective, the athlete individual interest.Chapter 4 is about the legal protection issues of the athletes'personality right of commercialization. First has referred to our country at present some present legal rules and its deficiencies, and then discussed some right relief issues of the athletes'personality right of commercialization. In the final, I have proposed several constructive opinions about how to improvement the legal system of the athletes'personality right of commercialization.