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单纯将球员与俱乐部关系视为是民法上的民事合同关系,表面上这种关系很平等、很公正,但实际上却蕴藏着对球员一方巨大的不公正。将这种关系视为劳动法律关系,虽有助于矫正俱乐部与球员之间强弱势力的倾斜,但也未必适当,毕竟这种关系带有鲜明的职业体育色彩。依据职业体育“双结盟”理论,应先在体育专项协会的主持协调下由类似于美国NBA这样的职业体育联盟与球员工会之间进行谈判,确定集体契约条款,协调俱乐部与球员两个利益群体的关系,消解他们的整体利益冲突,在这一过程中就可以分别实现对俱乐部和球员利益的集体保护。在已经缔结了集体契约的基础之上再由具体俱乐部与具体球员签定聘用合同,就基本保证了所签定的合同会是一份公正的合同。
Purely the relationship between players and clubs as civil contractual civil law, on the surface of this relationship is very fair and equitable, but in fact it contains a huge player on the side of injustice. Considering this relationship as a labor-law relationship may help to correct the inclination of the strength and weakness between the club and the player, it may not be proper. After all, the relationship has a distinctive professional sportsmanship. According to professional sports “double alliance ” theory, should be under the auspices of the sports association under the auspices of similar to the United States such as the NBA professional sports league and the player union negotiations, to determine the terms of the collective contract, coordination of clubs and players two Interest groups, dissolve their overall conflicts of interest, in the process can be achieved separately for the collective protection of the interests of clubs and players. After the conclusion of the collective contract on the basis of the specific clubs and specific players by the signing of the employment contract, it basically guaranteed the contract signed will be a fair contract.