Legal Analysis Of The Allocation Of Human Capital Property Rights Of "Fusion" Athletes

With the gradual deepening of the socialist market economy reform,the training and investment mode of elite athletes in competitive sports in China is changing in the direction of professionalization and marketization.In his Outline on Feuerbach,Marx said,"The essence of human beings is not an thing inherent in a single person,but the sum of all social relations in its reality." Under the condition of knowledge-based economy,"capital pursues knowledge" is an obvious development trend,while human is the carrier of knowledge,and human capital will be the main force to promote the development of post-industrial society.National professional athletes are the core elements in the market-oriented development of competitive sports human capital in China.Under the background of the ever-changing development policy of competitive sports in China,combined with the growth and change of national professional athletes,Chinese athletes are divided into three types:planned type,integrated type and market rule of law type.This study will focus on the problems in the allocation of human capital property rights of "fusion" athletes from the perspective of law,and put forward relevant suggestions.Firstly,this paper elaborates the historical changes of the transition from "planned" professional athletes to "integrated" athletes in China.This paper analyses the background of the emergence of"planned" athletes in China and the value of their existence in a special period.Taking the Ningzetao incident as an example,this paper analyses the legal relationship between the investor and the players in the process of the formation of the human capital of the planned athletes in China,and the value of the human capital property rights of the athletes,the centralized state-owned property rights system and the single sports administration in the process of the diversified sports participants,the increasingly internationalized and industrialized sports practice.The sharp contradiction between management and rigid sports management system.The amalgamated athletes are the product of sports reform in the transitional period of our country.The formation of human capital has the characteristics of "pluralistic" investors,and the property rights of human capital of athletes contain the characteristics of greater production capacity in market transactions.Because of the change of the policy of the times,the participation of multiple subjects and the investment of a large amount of capital,all aspects of the "planned" athletes are gradually integrated.In the process of socialist market economy reform,the dominant force of human capital property rights of "convergent" athletes is changing,and the original division and allocation of property rights are facing challenges.By analyzing the formation of human capital and the allocation of property rights of the three athletes Li Na,Sun Yang and Zhou Qi,this paper points out that there are some problems in the process of market transaction of human capital property rights of the "amalgamated" athletes in China,such as lack of legal basis for the division of property rights,lack of soft and hard law for the allocation of property rights,and complex environment for the transaction of property rights of three pluralistic subjects,Question.Longitudinally combined with the formation of human capital and the allocation of property rights of foreign star professional athletes,this paper explores the trading experience of human capital property rights of professional athletes in the western capitalist market economy environment:Foreign social forces contain tremendous energy for the training of sports talents;Strict and meticulous design of systems and regulations is the guarantee for the circulation of talents;Excellent executive power is the benign of human capital.Key factors of development;Horizontal cross-border analysis of China's star human capital formation and property rights trading reform development track and draw relevant experience:1 leading body:the establishment of an open trading market;2 capital carriers:learning active performers;3 property rights trading:improve the development of sports brokerage industry.Finally,from the perspective of law,this paper explores the path choice of the ownership and allocation of human capital property rights of our "fusion" athletes to"rule of law","market" and "professional" athletes in the future,and tries to construct the basic model of the ownership and allocation of human capital property rights of our new athletes.