论文部分内容阅读
运用民法学、劳动法学的基本原理与体育相关理论对在运动员流动过程中用人单位与运动员之间的法律关系进行研究,认为用人单位和运动员之间的关系应定位为体育雇佣关系;在体育雇佣合同中,应规定合同的最长期限,运动员享有自由流动的权利;运动员(雇员)所受的体育伤害应适用无过错责任原则,由用人单位(雇主)承担雇主责任;尽快建立体育雇佣法来调整规范体育雇佣关系。
Using the basic principles of civil law, labor law and sport-related theory to study the legal relationship between employer and athlete during the process of athlete’s flow, the author thinks that the relationship between employer and athlete should be defined as the employment relationship between sports and sport. In the contract, the maximum duration of the contract should be stipulated, and the athletes shall have the right to free movement. The sports injury suffered by the athletes (employees) shall be governed by the principle of no-fault liability and the employers (employers) shall assume the employer’s responsibility. The establishment of a sports employment law as soon as possible Adjust norms sports employment relationship.