论文部分内容阅读
1998年度运动员转会工作开始之前,人们发现转会细则又变了! 自转会细则出台以来,那真是一年一变样。居然有某权威足球报纸说:“由于新的转会细则尚未出台,中国足协在原《运动员转会细则》的基础上作一些改动,作为1998年的转会工作准则。”似乎转会细则就该一年一变。那可大错特错了。稍具法律常识的人都知道,法律贵在具有平衡性、长期性、预见性,让人们能够预见自己在该项法律下行事可能产生的后果,这样才会有安全感,也能够更好地守法。法律最忌讳的就是朝今夕改,令人无所适从。当年大王涛转会引发的国安、万达争端就出现了这样的情况:1995年转会细则与1996年细则在关键性条款上有了重大改变,这一改变完全能够产生截然相反的仲裁结果。诉讼双方一方坚持用1995年的细则,因为事情发生在’95赛季;而另
Before the start of the transfer of athletes in 1998, people found that the transfer rules have changed! Since the rules introduced since the transfer, that is really a year change. Actually there is an authoritative football newspaper, said: “As the new transfer rules have not been introduced, the Chinese Football Association in the original” athletes transfer rules, “based on some changes, as a 1998 transfer guidelines.” Seems to transfer rules on the Change every year. That can be a big mistake. A little legal common sense knows that laws are more balanced, long-term, predictive, allowing people to anticipate the consequences of their own actions under the law, so as to have a sense of security and better Abide by the law. The most taboo law is to change this evening, people know what to do. The dispute over the Wanda and Wanda Disputes triggered by the transfer of Wang Tao in the Great Wall was such that a major change was made in the key provisions of the 1995 Transfer Rules and the 1996 Rules. Such a change could well have produced completely opposite arbitration results. One of the parties to the litigation persisted in using the 1995 rules because things happened in the ’95 season; and the other