Research On The Nature Of Professional Player Work Contract

The nature of Professional player’s work contract has effects on the selectionof law applicable to the contract dispute between player and club.Figuring out the nature of work contract between player and his club helps the players and the club know their rights and obligations and helps to protect the legitimate rights and interests,and makes the professional football leaguein good regulation.The article mainly includes four parts.The first part introduces the present research situation at home and abroadThesecondpart questions the labor contract theory of the player’s work contract,notes the characteristics of the labor contract,and points out that the similaritybetween the two,also,it shows the reason why labor contract is not the same as the player’s work contract.The third part questions the employment contract theory of the player’s work contract.Although the employment contract isn’t in the "contract law",scholars have already conducted some research,in fact,the employment relationship exists in reality.This part points out the difference between the employment contract and player’s work contract.The conclusion is that the contract is the same as the employment contract.The forth part is based on the above parts,methods include theoretical analysis,comparative analysis,case analysis,also notes judicial blank of our country.By figuring out the particularity of the player’s work contract and the characteristics of sports industry contract,pointing out that it is not the same as the common civil contract and or labor contract,we can make the definition of player’s work contract and take it as an new type of contract with particularity.Thefifth part is the legislative suggestions.There are more practical problems in reality and judicial blank of this issue in our country,we should do something to fix it,so this part suggests that there should be special provisions on the player’s contract,By analyzing several possible solutions,it finally come to the conclusion that,putting the special provisions in the "sports law" is a more appropriate way.The sixth part summarizes the full text and analyzes the insufficiency.