The Research On The Alternative Dispute Resolution In The Chinese Professional Football Labor Contract

The development of Chinese professional football for more than 20 years,professionalization and commercial development is rapid,intense interest game between each participation main body,various kinds of disputes,labor contract dispute and frequency have occurred;Professional football labor contract dispute solution is too single,lack of diversified relief way,professional football industry human resources cannot achieve good configuration,influenced the professional football club competitive level and from personnel of course of free development needs,especially the athletes and coaches;International sports disputes in the way of using alternative dispute resolution of rapid development and wide application,the way of using alternative dispute resolution has become a trend,for justice,quickly to resolve sports disputes provides a new train of thought;In March 2015,the reform and development of Chinese football overall plan,the publication of the reform and development of football,as the important measures for the construction of sports power,put forward to perfect the professional soccer disciplinary action,trade relief system and mechanism,so as to realize the revitalization of Chinese professional soccer rise,the professional soccer reform of development provides a good institutional environment,also gave rise to the challenge accordingly.In view of this,this article through to the professional football and the study of the way of using alternative dispute resolution of the labor contract dispute,the localization of the building to adapt to the development of Chinese professional soccer,diversified labor contract dispute solution.In this paper,using the method of documentary,expert interview,questionnaire investigation,case analysis and logic analysis and other research methods,on the analysis of the present situation of professional football labor contract dispute,combining with the dispute resolution of foreign practice case,tentatively build football way of using alternative dispute resolution,the labor contract for the harmonious quickly resolve grievances and the healthy development of the professional football make recommendations.After a series of discussion,the following conclusions:Firstly,the dispute of labor contract among Chinese professional football players refers to a series of disputes arising from the performance of labor contract relationship between professional players and professional clubs in the field of professional football industry.The current player labor contract dispute is mainly composed of players in the registration,transfer,compensation and competition income distribution problems with the club caused controversy,to transfer dispute and contract breach of contract is more prominent.The characteristics of disputes on labor contracts in China's professional football are characterized by instability,complexity,internationalization,particularity and timeliness.Second,the labor contract dispute Chinese defects occupation football mainly reflected the influence of the rule of law management digestion is restricted by its own management system,Chinese occupation football environment China occupation football sports legal system is not perfect legal environment,lack of occupation player's weak position and the football club is not in place and other factors.Third,the labor contract China occupation football in the alternative dispute resolution refers to the Chinese occupation football labor contract dispute,the third party direct,indirect or potential participation,with the consensus of the parties and,in general the governance mechanism of diversified dispute resolution football industry dispute resolution,in order to achieve mutual benefit and win-win for the purpose.Professional and multi process to solve specific features of the folk nature of neutrality and the applicable substantive rules of diversification,flexibility,selectivity,simple procedure agreement dispute nonantagonistic and the mutual benefit and dispute settlement body;Fourth,alternative dispute resolution for disputes of the parties dispute resolution provides a more convenient and suitable for diversified channels,with the football industry dispute resolution needs more refinement,adapt to the Chinese occupation football labor contract disputes the parties negotiate a settlement,a neutral third party,the third party mediation arbitration three basic forms the process of interest and the social function of its own.Fifth,even if foreign cases provide us with some reference,but in the application of China's professional football labor contract settlement,should be combined with their own professional development practice,according to local conditions to achieve "China"".Sixth,overall on the current status of cognitive dispute resolution is the same,regardless of occupation players,club managers,not satisfied with the status quo or coaches of occupation football labor contract disputes,look forward to the consensus and win-win goal for the alternative dispute resolution should be used.Seventh,occupation football in the labor contract disputes resolution in the dispute resolution level is not closed,but complement each other and fit the coordinated and balanced matching level constitute a diversified dispute settlement system.Eighth,respect the desirability of the football industry particularity,sports law,parties and justice is the basic principle of the application of negotiation as the start of football industry,to solve the third party mediation and arbitration procedures in advance,the football industry internal processing procedures should be as pre procedure of third party mediation or arbitration,as a kind of select the external third party mediation or sports arbitration relief program.Based on this,puts forward the following Suggestions:First,borrow the spring breeze of the reform of Chinese professional football,the decision-making should further perfect the industry environment of rule of law,recognize the way of using alternative dispute resolution in professional football labor contract dispute the superiority and feasibility,the concept of publicity,promote diversified dispute resolution system establishment and applications.Second,exert influence on decision-making of academic research institutions,completes the application demonstration,pushing the government to the application of alternative dispute solution.Third,the professional soccer professionals can also try to form a collective rights organization,on behalf of their own interests appeal,actively participate in thelabor contract dispute resolution policy;The club should also further improve their own management under the rule of law,avoid contract dispute to the greatest extent.Fourth,the way of using alternative dispute resolution in the Chinese professional football labor contract established using social engineering is a very great football industry,should be combined with China's relevant laws and regulations and the actual football industry,step by step.Fifth,because this article is not comprehensive,gathering information about the analysis of the still relatively shallow,still need to be in the future work and study in theory and practice level,further refinement,also look forward to more sport law researchers make recommendations for the development of professional soccer together.