Research On Chinese Professional Athletes’Achievement Capital Property

With the rapid development of society and economy, sport has gradually penetrated into people’s daily life, and become an integral part of their lives. Whenever, wherever, and whoever that participate in and enjoy the sport have been considered to be the due right which closely related to the vital interests of every citizens. Especially in recent years, with the vigorous development of sports, more and more sports issues have penetrated into the social field, and become a focus of attention. Professional athletes’ achievement capital property as a major aspect of sports property rights system, has become the unavoidable question of both sports and academic community. From the point of view of theoretical research, internal research about human capital property rights is adequacy, however the study of achievement capital property related to the human capital property is inadequacy, the depth and breadth of the parts that have been researched have some shortcomings. From the practical point of view, the steady increasement of achievement capital of professional athletes makes the ownership of achievements capital become one of the problems urgently need to be resolved in sports community.Therefore, this article attempts to make professional athletes as the entry point, carry Out a in-depth Study on achievement capital property to explore its evolution, define its concept, analyze the personal, possession, use, benefits penalties property rights and so on.summarizes the specific manifestations of our professional athletes’ achievement capital property, and propose legal thinking to solve the achievement capital property of professional athletes, which provide a theoretical reference to the standardization and legalization of the ownership of our professional athletes’ achievement capital property score the standardization of the capital property ownership.This paper mainly adopts the literature, interviews, logical reasoning and other research methods, and the point of views of consolidated use, economics, management, sports and other subject, to mainly discuss around the professional athletes’ achievement capital property.Studies suggest that:1. Through the related definition of the professional athletes’ achievement capital property, believes that the property refers to added value brought by the excellent performance of the professional athletes in the competition which due to their sport talent and potential.2. As the subordinate concept of Human Capital Property Rights, professional athletes’achievement capital property rights covers the following features:The specific nature of the object, the nature, and the legal power.3、The powers and functions of Professional Athletes Achievement Capital Property not only have the general legal characteristics of other capital property, but also has its own, characteristics, which is a special power. first of all, this power is concerning the personal rights of professional athletes, which saying from the other side is the issue of ownership of the professional athletes themselves, Besides it includes the rights of the possession, use, profit, and disposal of the property rights which relate to the personal rights of professional athletes.4. Achievement Capital of Chinese professional athletes has a variety of realistic forms of expression, such as the transfer of club, commercial activities and reward distribution, etc..5. Presented a variety of realistic manifestations of Professional Athletes Capital Property, this paper have done some legal thinkings, basing on the varies of realistic forms of expression of Chinese professional athletes achievement capital right. Drawing a unified Sport Arbitration Law to deal with the transfer off professional athletes or Sport, integrating with the Transfer Law, Arbitration Law and International Sports Arbitration Law at the mean time, is the key to avoid conflict with the International Sports Law; In the commercial activities of the professional athletes, adopt participating rules followed by the athletes that trained in different modes, combining reflecting in the regulations and regulations and strengthening the ideological education to professional athletes; About the reward and social security issues of professional athletes, should base on the premise that the basic life of professional athletes are guaranteed, and bring all other social insurances to ares of the general social insurance, handled in accordance with the provisions of the Social Insurance Law of the People’s Republic of China.