论文部分内容阅读
体育产业化发展下的职业运动员不同于传统的雇员关系界定,需要基于“体育法”的学科基础上综合体育法、劳动法与反垄断法的协同调整,才有利于体育产业的健康和良性发展。本文系统梳理了美国与欧盟关于体育法的界定,分析了美国“劳动法”与体育,欧盟和奥地利劳动法与体育的法律规定和相关判例。最后得出结论认为,关于职业运动员性质的法律适用,应当基于体育法、劳动法与反垄断法的协同调整,方能有利于平衡社会多元主体利益和体育产业的健康发展。
Professional athletes under the development of sports industrialization, different from the traditional definition of employee relations, need to be based on the disciplines of “Sports Law” and based on the comprehensive sports law, the coordinated adjustment of labor law and antitrust law, which will be beneficial to the health of the sports industry and Healthy development. This article systematically reviews the definition of sports law between the United States and the European Union and analyzes the legal provisions and relevant jurisprudence of the United States Labor Code and sports, EU and Austria labor law and sports. Finally, it is concluded that the law applicable to the nature of professional athletes should be based on the coordinated adjustment of sports law, labor law and antitrust law in order to balance the interests of multiple subjects in society and the healthy development of sports industry.