Nowadays, some athletes frequently have conflicts with their training units on the ascription problems of their competition bonus, donates and advertisements incomes. Some training units deem that the sports capability of the athletes is cultivated by the national fund, so the material benefits from the sports capability should belong to the country and it's up to the country to decide the distribution proportion of the incomes. But some athletes deem that the improvement of their sports capability is contributed to their unremitting efforts, so they should share the interests with the country and they have the right to negotiate with the country about the distribution proportion. This paper points out that the essential of the conflicts is the ascription problems of the material benefits from the sports capability.The thesis confines the main bodies of the dispute to the athletes in national teams and the National Sports Item Manage Center. Meanwhile, it demonstrates that the legal relationship between the two parties emerged from drills and competitions is a special kind of labor one.The thesis proposes that from the legal point of view, according to the labor legal relationship, providing trainings to the athletes in national teams is the lawful responsibility of the National Sports Item Manage Center .So the input of trainings should be free rather than profitable. Besides, the unilateral definition of the benefit distribution of the two parties by the center does not accord with the basic principal of the labor law. Thus, on occasion that the National Sports Item Manage Center does not sign any concerned agreements, it has no rights to enjoy the ownership of the material benefits from the athletes'sports capability. According to the labor lawful relationship as well as the nature and characteristics of the sports capability, the... |