The Legal Regulation Of The Restrictive Competition Behavior Of China's Professiona Sports Association

With the significant increase of the social and economic development and the people's lives quality in our country,more and more multi-level needs have begun to attract attention,,the entertainment and sports have entered high-rapid developmentperiod.As one of the major sports countries,China has achieved outstanding results in many areas and also established a relatively developing sports career mechanism.Meanwhile,the rapid development of commercialization has made professional sports an important part of China's national economic development.The professional sports association is responsible to manage the development of various sports,due to the unique characteristics formed under special circumstances,professional sports associations are full of administrative colors and there are abuses of their own power to restrict and eliminate market competition.The adverse consequences have greatly affected the healthy development of Chinese sports industry.The Chinese Football Association is a typical representative of the professional sports association of China,which has a special status of semi-governmental at the beginning of its establishment.In practice,the restriction and elimination of market competition behavior are very obvious.Facing such restrictions on competition from professional sports associations like the Chinese Football Association,China's relevant laws have not been able to form a complete regulatory system.The relevant provisions of the Sports Law and the Anti-Monopoly Law are insufficient,which to a certain extent indulges the professional sports associations' restricting competition behavior,thus having a huge impact on the development of the industry.Based on this,this paper focuses on the legal regulation of professional sports associations restricting competition,and takes the Chinese Football Association as a typical case to analyze the performance forms and reasons behind the restrictions of the Chinese Football Association,and learns from the advanced similar experience of foreign associations.In order to ensure the healthy development of China's sports industry,we put forward measures that are consistent with China's actual conditions and restrict competition.Except for the introduction and conclusion,this article consists of following five parts:The introduction mainly focuses on the source,research status at home and abroad,and summarizes the status quo,defects and achievements of domestic and international laws and regulations on restricting competition of professional sports associations.The first part outlines the concept of the professional sports association,restriction of the occurrence of competition and the necessity of legal regulation,which is the basic premise of the study.The second part discusses the manifestations of restricting competition behaviors of Chinese professional sports associations,and uses the Chinese Football Association as an example to sort out its specific types of behaviors.It is manifested as a document that restricts players' free competition,such as U23 players' compulsory appearance and restrictions on the introduction of foreign players,abuse of market dominance,control of broadcast rights and their right to income,and a total ban on club ties of the Shide incident and other important aspects.The third part analyzes the comprehensive reasons for the restricted competitive behavior of professional sports associations in China.The particularity of the Chinese professional sports association and its special role,the limitations of the Sports Law and the legislative limits of the trade associations restricting competition,and the excessive weakness of judicial supervision and legal responsibility are crucial.The fourth part analyzes the experience of the legal regulation of competitive restrictions on sports associations abroad.It mainly focuses on learning legal regulations to restrict competition of professional sports associations in the EU,the United States,and South Korea,which helps to study the perfection of legal regulation in these countries and regions,and to make up for deficiencies or deficiencies in China's existing legal system.The fifth part is the improvement of the legal regulation on restricting competition of Chinese professional sports associations.By drawing lessons from the legal regulation experience of the EU,the United States,and South Korea and combining with our country's actual conditions,we provide reasonable solutions to the legal regulation of competition restrictions of professional sports associations in China,which mainly include the following parts: clarifying the nature and role of professional sports associations in China,establishing fairly competitive review mechanism in the field of professional sports,the improvement of the Sports Law and its coordination with industry associations to restrict competition legislation,the establishment of a judicial supervision and linkage enforcement model for professional sports associations in China,and strengthening of the awareness and punishment of professional sports associations in China.These rationalizations measures will help improve the legal regulation of restricting competition of Chinese professional sports associations.