Qian Siwen, Lecturer, from the Business School, recently published the title" Research on morals clauses in sports talent agreements--Also on the coordination of morals clause obligations and athlete’s rights" in Journal of Physical Education
DATE:2020-09-07 AUTHOR: VIEW:

Qian Siwen, Lecturer, from the School of Business recently published the title" Research on morals clauses in sports talent agreements——Also on the coordination of morals clause obligations and athlete’s rights" in Journal of Physical Education

Qian Siwen, Lecturer, from the School of Business recently published the title "Research on morals clauses in sports talent agreements——Also on the coordination of morals clause obligations and athlete’s rights" in Journal of Physical Education, which is the core journal of Physical Education in China.

This study focused on the moral clause in sports sponsorship contract and athlete agreement, which is a prospective and innovative object in the field of sports law. The moral clause can effectively restrain the behavior of athletes on and off the field, protect the image and interests of clubs and sponsors, but it also brings some problems, such as the limitation of the rights and the conflict of the individual rights of athletes. With the continuous development of China's sports industry, the role of moral clauses in the field of sports is more prominent, and has important research value in the field of law.

 

Paper TitleResearch on morals clauses in sports talent agreements——Also on the coordination of morals clause obligations and athlete's rights

JournalJournal of Physical Education

 

AbstractMorals clause is an important part of sports sponsorship contract and athlete agreement. It is beneficial to maintain the image of sports industry and promote the development of sports industry by standardizing the behavior of athletes both on and off the field to protect the interests of sponsors and clubs. The morals clauses in sports field restrict the personal life and legal rights of athletes to a certain extent, which is justified by the purpose of contract, the balance of rights and obligations, the bargaining power, the nature of rights and other factors. However, vague and standardized morals clause may be excessively involved in the private lives of athletes and infringe upon the basic civil rights such as athletes' right of privacy and freedom of speech. Therefore, a reasonable boundary should be drawn between the freedom of contract and civil rights. Lack of the standard of the morals clauses will lead to uncertainty of the contract, and will have a negative impact on the parties and industry. It is suggested to learn from foreign practice and to summarizes the emergence, development, formulation and implementation of morals clause in the field of sports abroad by comparative analysis, historical analysis and empirical analysis.

 

                                             

 

Qian Siwen is a lecturer in the School of Business, Changshu Institute of Technology. She is also a lawyer of Jiangsu Zhengda Development Law Firm. She is a member of the Administrative Review Committee of Changshu Municipal People's Government.She received her PhD degree in 2019 from Peking University. She also has a degree in economics from Peking University.Her current research interests focus on the commercial law and sports law. She has published several papers in CSSCI journals.