A Comparison Analysis Of The Legal System Of Sport Agents Between China And USA

In recent years,the sports industry of our country is developing vigorously,at the same time,sports are in the stage of reform,more and more sports projects are becoming more and more professional,the demand of sport agent is increased.And the State Council Document No.46 in 2014“a number of opinions to accelerate the development of the sports industry to promote sports consumption” reflects the country's support for the sports brokerage industry.However,with the increase of the number of sport agent and the increase of brokerage activities,many problems have emerged.Now China is the society with rule of law,under the background of managing state affairs according to law,we need to use the law to solve practical problems;however,the law of sport agent in our country is still not mature,so that we need to learn the advanced experience of the United States,which put forward proposals for the laws and regulations of sport agent in china.In this paper,I will compare China and the United states using the method of literature,expert interviews,case analysis,comparative analysis and logical analysis from the legislative process,the legal concept,legislation mode,legislation management and legal system aspects.By comparison,there are some problems exist in the legal system of sport agent at present,including the legal system of sport agent is not perfect,the lack of credit evaluation system,the lack of a complete set of training system for sport agent,legal supervision of sports agents is weak and other issues.Therefore,according to the actual condition of our country,learn from the mature sport agent legal system of United States to put forward advice,such as establish the training system of sport agent,improve the legal system of sports in our country,perfect the legal system content of sport agent,reference credit evaluation system,strengthen the legal supervision for sport agent and other recommendations.The main conclusions of this paper are as follows:First of all,at the beginning of 1960 s which athletes of the United States can move freely and occupation sports on the stage,laws and regulations of the sports agents were begun to form,and now,have formed a complete legal system;however,the legal system of our country is relatively immature.Second,there are differences in the legal concept between the two countries.The concept of America is in order to protect the rights and interests of athletes and educational institutions,while our countrypays more attention to promote the stable development of sports brokerage industry,but their finally aim is to regulate behaviors of sports agents.Third,the United States is a typical common law system country,which determine the agent's behavior through the combination of legislation and case law,China is a typical continental legal system country,the legal origin of sports agents is only legislation,and these laws have certain administrative color.However,the legislation of sport agents in United States develop very mature,so it can be used as a reference for the formulation of our country.Fourth,the American sports agent is managed by the Sports Association,College Students Federation and other associations,the federal government is not directly involved in the management;sport agent in China is managed by the industrial and commercial administrative departments and departments of sports.Their duty divided not clearly,and management boundaries are not clear,either.Fifth,sport agent legal system of the United States and China both include qualification,contract management,commission management and punishment;but in the content and operation of the system,provisions and the terms of our system are not clear,lacking of guidance and operability,therefore,we need to improve further.Finally,this paper proposed suggestions as establishing mature training system of sports agent,improving the legal system,perfecting the content of the legal system,referencing credit evaluation system and strengthening the legal supervision to resolve the problems of legal system of sport agents in China.