Research On The Uniform Contract Of Cba Domestic Player

The professional basketball player and the club are the professional basketball market economic subjects,carry on each kind of commodity exchange and the economical intercourse,are mainly through making contract—CBA domestic professional player individual contract to realize.The contract is the sports commercialization legal base.CBA professional player contract is the form contract that was formulated by the Chinese Basketball Association,its related legal matter mainly about:Legal relationship and the status between the professional player and the club,in the adjustment contract body's rights and obligations the Chinese Basketball Association's function,in the form provision decides into the CBA domestic professional player contract the rule,as well as player legal matters and so on contract explanation,validity, rules and regulations.The research promotes the professional player contract standardization,the legalization,causes the professional player contract to be advantageous to the protection professional player's legitimate rights and interests,is also advantageous in maintaining the club's benefits,the safeguard professional league's healthy development,thus raises our country's basketball players level.The mainly research methods are the literature consultaion,the system analytic,the expert interviewing,the comparison analytic,the standard analytic and the real diagnosis analytic.Main conclusion:(1) the CBA professional player form contract is the labor contract,has the labor contract legal characteristic.The professional player and the professional club both has the work legal relationship,and has the general civil legal relationship.(2) the labor law applicable scope including the professional player and the professional club's work relations,the professional player through the legal way solution labor dispute is not the optimal path,but when the labor dispute is unable the mediation,the both parties may based on the labor law enter the work arbitration and the legal procedure.(3) the CBA professional player form contract has the following several aspects the question:Professional rights and so on player's free choosing profession power,rest power,freedom of speech power,personality marking power cannot obtain the full safeguard;The partial provision word usage is fuzzy,is not very rigorous;Lacks the labor contract the necessary provision;Contract formatted nature existence complexity;The treaty contents have the ambiguity.(4) the athlete right protection's content should more integrate in the law.Should make the professional player contract related laws and regulations,takes the court trying contract dispute and the administrative rules and regulations basis.(5) judicial rules and regulations,in the solution professional player hires the form contract in the unfair provision question to have certain limitation.From now on should consummate to the professional player hires the form contract the judicial rules and regulations.(6) the Chinese Basketball Association gains more economic interests promising, but uses the administrative right excessively the possibility,has the disadvantageous function to the professional player contract's fair formulation,cannot protect the professional player's legitimate rights and interests fully.Suggests the Chinese Basketball Association:1st, separating government administration from enterprise management;2nd, the establishment public public hearing way's professional player hires the form contract examination method.(7) strengthens the CBA domestic professional player to hire the form contract the social control.(8) the CBA professional player form contract's rules and regulations take realize both sides balance of power as a starting point,carries on the reform and the consummation.Needs to solve question:1st,Chinese Basketball Association and league tournament's relations;2nd,player trade union question;3rd,club alliance question;4th,establishment succinct,highly effective,specialized arbitration mechanism.