| dc.description.abstract | In Taiwan, athletes (esp. occupational athletes) strive against the management in a discriminatory working environment. According to researches and surveys in these years, athletes have the will to hire sports agent to deal with matters except on the field. Nowadays, sports agents can only function before signing contract with baseball teams in Taiwan. After signing contracts, players rights belong to the teams (also includes attorney ship). Even an agent acts for a player; they may encroach on athletes’ right.
Income mismanagement, excessive fees, conflicts on interest, incompetence, misappropriation of funds entrusted to the agent by the athlete, and solicits student athlete are most common seen typical sports agent problem classified by scholars. Particularly, excessive fees, conflicts on interest, and incompetence are also often seen in Taiwan. Since sports agent is a kind of principal-agent relationship inhabits in a contract. There are adverse selections and moral hazard might occur. But traditional civil law doesn’t work very well to solve sports agent problems, it could take time and resources to identify which term belongs to that identical type contract. Even it might not available to fit in.
From the advanced sports agent developing experience, sports agents are directed by governments or organizations. With legislative authority, well contract management, restricted commission and punishment will help to behave sports agents. (Occupational) Sports organizations are even more dominated in Taiwan. Information and professional knowledge was occupied by sports agents. So government has to take following suggestions as reference to plan the policy on sports and legalize a professional system of sports agents, enforce certification system and establish sports agents associations to mitigate risks.
Government, sports organizations, athletes unions, agents associations and athletes also have the responsibility to supervise and improve sports agents system. This article recommends regulations to prevent athletes’ rights violated by sports agents.
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