论文部分内容阅读
依法治国强调集体权威为特征的义务本位社会向以强调公民自决为特征的权利本位社会转化,公民的权利意识高涨,各种维权诉讼日益增多,体育职业化不断发展。在这个社会大背景下,作为职业体育资方主体的俱乐部与劳方教练员之间的劳资关系呈现复杂化、易变性特点。如何保障处于相对弱势地位的教练员权利,事关整个体育职业化的健康发展与项目竞技水平的提高。在项目协会无仲裁权,相关法律法规急需健全完善情况下:应通过教练员所属体育主管部门、项目协会对俱乐部进行监管;通过建立教练员工会转变教练员弱势群体地位;通过规范治理职业体育市场、加强法律援助、明细劳动合同保障教练员权利;从社会心理上关心教练员成长,缓解教练员职业压力,依法促进教练员权利保障和义务履行。
The duty-based society featuring the rule of law emphasizing collective authority emphasizes the transformation of the rights-based society characterized by self-determination by citizens. Citizens’ awareness of their rights is on the rise. Lawsuits for all kinds of human rights protection are increasing day by day. Professional sports are developing continuously. Under this social background, the labor-capital relationship between clubs and labor coaches who are the main body of professional sport capital is complicated and volatile. How to protect the coaches’ rights in a relatively weak position is related to the healthy development of the entire sports profession and the enhancement of the project competitive level. Under the situation that there is no arbitration power of the project association and the relevant laws and regulations are in urgent need of perfection and perfection, the sports department and the project association of the coaches should supervise the clubs; coaches staff associations should be established to change the status of the coaches; to regulate the occupation sports market , Strengthen legal aid, detailing the labor contract to ensure the rights of coaches; from the psychology of the psychological growth of coaches, to ease coaches occupation pressure, according to the law to promote coaches rights protection and obligations to fulfill.