"The Third Rules" In Sports Law

For rules of law, there is a long history before it has adjusted the sports enterprise. Quintessentially, to adopt what kind of rules to solve the contradiction happening in sports enterprise depends on what kind of benefits does the sports enterprise want to gain. In fact, during the long period of human society's development, the most important benefit generated from sports enterprise is that sport exercises can store huge amount of labor forces and soldiers. Thus in the past, the contradiction in sports enterprise focus on conflicts between the government and residents under its management, which needs a rule characterized with public law. And the result of its adjustment is to form a kind of legal relation whose parties are subjects of administration and opposite person of administration. After human's economic development model has turned to be capitalized, the capital has begun to search for a profitable market to invest their money. Especially after the Second World War, sport enterprise has become an ideal place for investment. In some individual sports, which gain a huge amount of audiences, the capitalized model has replaced the traditional one where mainly depends on state's support. From then on, the direction of sports enterprise's benefit development has tended to become a tool to increase capital's profits. So professional sports where more audiences than participants have taken up mass sports'position which most people take part in. Accordingly, at this time, the main contradiction in sports enterprise is that private capital fights with state authority for the right to manipulate the sports enterprise (in socialism countries) or private capitals themselves conflict with each other for decent investment markets (in western countries). Under this change, the private rules that maintain"fairness","freedom","equality"has set up its leading role in adjustment of sports enterprise's contradiction. As the development of sports capital, however, new contradiction has fermented on the former mechanism. To start with Boseman case in 1995, sports capital has been divided into two parts, which means two methods to produce surplus value has appeared in sports enterprise development process. And Messi case happened in 2008 has showed that those two parties'contradiction is too sharp to be solved by anything except the rules of"international football match calendar", which predicts that the economic base has put forward new request to the superstructure. No matter how well the existed rules can momentarily solve contradiction among sports enterprise,"the Third rules"has found its living space, because"the international football match calendar"is a set of rules distinguishing from public law and private law."The Third rules"theoretically overcomes a barrier that has confused many sports learners, namely: the definition and scope of sports law, which in fact has been argued for many years. It is very easy to mix the"sports law"with"law about sports". We know if we can't figure out what the definition of a law department is, it is hard for us to make any further progress in this law department. While"the third rules"which characterized by"the international football match calendar"can completely answer the mentioned questions.