| 摘要: | 近幾年我國籃壇再度吹起職業化的旋風，各大財團皆爭相加入市場，隨著職業運動的興盛，相關產業也開始活絡起來。除了運動職業化外，現今社會的進步也使得賽事朝向商業化及娛樂化發展，球員們不僅需要專注於賽場，更需應對一系列的場外事務，專業化的分工是勢在必行，也因而催生了對於運動經紀人的需求。為因應運動產業的蓬勃發展且為保護運動員之權益，長久未獲關注的運動經紀領域開始受到重視，在職業化三年後的2023賽季，中華民國籃球協會在統合各聯賽意見下推行了首部籃球領域的運動經紀人管理辦法。
由於本辦法才剛開始推行，除不知其監管效果外，整體規範也難謂完善，為求減少過去實務中常見的經紀人不當行為發生，以達保護運動員權益之目的。本文自運動產業出發解析產業的脈絡，並切入運動經紀制度，介紹其沿革、功能及對產業造成的影響，再自法律角度探討制度中當事人間的權利義務關係。其後，本文以運動產業最發達及法制最成熟的美國為借鏡，統整並梳理美國州模範法、聯邦法及職業運動工會管理辦法等規範，最後依據本文的觀察，對於我國籃協現行辦法提出包含利益衝突之防止及欠缺學生運動員保護機制等制度上的問題，並提出具體的建議。
期待本文之建議能夠引起管理機關的重視，促使我國運動經紀的建置更加完善，令整體運動產業更加活絡。
;In recent years, the wave of professionalization has once again swept through Taiwan′s basketball scene, with major corporations eagerly entering the market. As professional sports thrive, related industries have also started to flourish. Besides the professionalization of sports, the progress of modern society has driven competitions towards commercialization and entertainment. Athletes not only need to focus on their performance on the court but also manage a series of off-field affairs. This necessitates professional specialization, which has consequently led to a growing demand for sports agents.
To respond to the vigorous development of the sports industry and to protect the rights and interests of athletes, the long-overlooked field of sports agency has begun to receive attention. In the 2023 season, three years after the professionalization, the Chinese Taipei Basketball Association, integrating opinions from various leagues, introduced the first set of regulations for sports agents in the basketball field. Since these regulations have just been implemented, their supervisory effectiveness remains unknown, and the overall framework is still far from perfect. To reduce the occurrence of common unethical behaviors by agents in practice and to achieve the goal of protecting athletes′ rights, this paper starts by analyzing the context of the sports industry and delves into the sports agency system, introducing its history, functions, and its impact on the industry. It further explores the legal relationship between the parties involved in the system.
Subsequently, this paper takes the most developed sports industry and the most mature legal system of the United States as a reference, organizing and reviewing the American Revised Uniform Athlete Agents Act (RUAAA), federal laws (SPARTA), and the regulations governing player agents by professional sports unions. Finally, based on the observations in this paper, it identifies institutional issues in the current regulations of the Chinese Taipei Basketball Association, such as the prevention of conflicts of interest and the lack of protection mechanisms for student-athletes, and proposes specific recommendations.
It is hoped that the suggestions in this paper will draw the attention of regulatory authorities, promote the improvement of the sports agency system in Taiwan, and further invigorate the overall sports industry. |
