欧洲足球超级联赛球员转会制度及其启示

发布时间：2018-07-15 09:42

【摘要】：足球作为世界第一运动因其独特的魅力受到我国人民群众的广泛关注与支持。中国几代领导人都表达了对中国足球的重视,特别是习近平主席提到中国足球的“中国梦”。2015年3月《中国足球改革发展总体方案》出台,2015年6月,中国足球改革领导小组成立,中国竞技足球运动发展和职业化改革迎来了历史性的机遇。在这种背景下,本文以欧洲足球球员转会制度和中国足球球员转会制度为研究对象,得出如下结论：1.“博斯曼法案”前,欧洲足球球员实行保留转会制度,该制度的核心是俱乐部完全拥有球员的所有权,球员不得随意流动；其实质是俱乐部与球员的一种人身依附关系。2.长达六年的“博斯曼法案”对欧洲足坛乃至世界足坛有着重大影响,这种影响主要表现在职业足球运动被纳入了经济和法治的范畴。足球运动作为一种经济活动不能阻碍欧盟自由贸易的基本准则。与此同时,博斯曼法案使得欧洲各国开始普遍关注法律对足球特殊性的影响,如欧盟与欧足联、国际足联颁布了一系列条款予以应对,欧洲各大联赛主要在非欧盟球员限制和俱乐部成本上升两个方面采取应对措施。“博斯曼法案”对世界职业足球发展的影响是是革命性的,这种革命性的意义同样在于将职业足球运动纳入了经济和法治的范畴。从职业体育特殊性考虑,该法案对竞技足球运动的发展也有不利的方面,如俱乐部经营模式的转变,球员薪酬剧增,俱乐部经营压力过大,经纪人对转会市场的操控。3.中国足球职业化改革以来经历了初尝期、摘牌制、双轨制、自由转会完善期等阶段。以行政化为主导的市场化改革虽有成功之处仍然存在诸多不足。在上述结论的基础上,本文提出的建议如下：1.应抓住大好机遇,按照《中国足球改革发展总体方案》的具体要求,扎实推进中国足球职业化改革,在中国足球改革发展领导小组的带领下,尽快实现“政社分离,管办分离”,改进足球竞赛体系和职业联赛体制。2.未来中国职业足球转会制度应该遵循经济规律,保障市场在资源配置中的基础性作用,足球管理机构必须转变管理职能,把为足球市场主体服务,并为其创造健康而稳定的发展环境作为根本任务。3.未来中国职业足球转会制度要将法制与法治相结合,法制方面建立健全相关的法律规章制度,明确各方主体的权利边界。法治方面建立以中国足协、足球俱乐部、球员代表组成的足球联盟或仲裁委员会,兼顾足球发展的特殊性,使各方利益都有所保障。
[Abstract]:Football, as the first sport in the world, is widely concerned and supported by the masses of our country because of its unique charm. Several generations of Chinese leaders have expressed the importance they attach to Chinese football, especially President Xi Jinping's reference to the "Chinese Dream" of Chinese football. In March 2015, the General Plan for the Reform and Development of Chinese Football was launched, and in June 2015, With the establishment of the leading Group for the Reform of Chinese Football, the development and professionalization of Chinese competitive football has ushered in a historic opportunity. In this context, this paper studies the transfer system of European football players and Chinese football players, and draws the following conclusion: 1. Before the Bosman Act, European football players had a reserve transfer system, the core of which was that the club had full ownership of the players and the players were not allowed to move freely; its essence was a kind of personal attachment between the club and the players. The Bosman Act, which has lasted for six years, has a great influence on European football and even the world football, which is mainly reflected in the fact that professional football is brought into the category of economy and rule of law. Football, as an economic activity, cannot hinder the basic principles of free trade in the EU. At the same time, the Bosman Act has made European countries pay more and more attention to the influence of the law on the particularity of football. For example, the European Union and UEFA have issued a series of provisions to deal with it. Major leagues in Europe mainly in non-EU player restrictions and club costs to take two aspects of the response. The impact of the Bosman Act on the development of professional football in the world is revolutionary, and the revolutionary significance is that professional football is brought into the category of economy and rule of law. Considering the particularity of professional sports, the Act also has some disadvantages to the development of competitive football, such as the change of club management mode, the sharp increase of player's salary, the excessive pressure of club management, and the agent's manipulation of the transfer market. Since the reform of football professionalization in China, it has gone through the initial stage, delisting system, double track system, free transfer perfect period and so on. There are still many shortcomings in the market-oriented reform, which is led by administration. On the basis of the above conclusions, this paper puts forward the following suggestions: 1. We should seize the excellent opportunity and, in accordance with the specific requirements of the "General Plan for the Reform and Development of Chinese Football", firmly promote the reform of the professionalization of Chinese football and, under the leadership of the leading Group for the Reform and Development of China's Football, realize as soon as possible the "separation of government and society." Separate management ", improve the football competition system and professional league system. 2. In the future, China's professional football transfer system should follow the economic rules and guarantee the fundamental role of the market in the allocation of resources. The football management body must change its management function and serve the main body of the football market. And to create a healthy and stable development environment as the fundamental task. In the future, the transfer system of professional football in China should combine the legal system with the rule of law, establish and perfect the relevant laws and regulations in the legal system, and make clear the rights boundary of the parties. In the aspect of rule of law, a football league or an arbitration committee composed of representatives of the Chinese Football Association, football clubs and players is established, which takes into account the particularity of the development of football and ensures the interests of all sides.
【学位授予单位】：北京体育大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：G843

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