The Sharing Mechanism of Commercialized Interests of Chinese Athletes’ Personality Elements——On the Background of the Personality Right Legislation in Civil Code of the People’s Repubilc of China

By using the methods of literature review, logic analysis and hermeneutics, this paper studies how investors share the commercialized interests of personality elements with athletes. The study finds that Chinese sports authorities have formed a dependent path on the “right of dominion” benefit-sharing mode for a long time. In view of the limitations of this mode in linking up the general provisions of Chinese personality legislation and balancing the protection of athletes 'personality interests, it is necessary to innovate the system and establish the benefit sharing mode of “right of claim”. This mode allocates the commercialization right of personality elements to athletes. Investors who are affiliated with athletes enjoy the right of priority according to law, and other investors can obtain the right of claim for licensing according to the agreement. The conflict of rights in the commercialization of athletes' personality elements should be resolved through individual case measurement and equal negotiation. The thesis has practical significance for balancing the relationship between the property interests of investors and athletes, mobilizing the pluralistic subjects of the society to participate in the cultivation of athletes, and promoting the reform of the training method of athletes.