正文
(2) Sports sponsorship has not yet been stipulated in the Contract Law
"Sports sponsorship contract" is not stipulated in the Contract Law, and there are no corresponding provisions to be applied to the sports sponsorship acts. Article 124 of the Contract Law stipulates: “With respect to contracts which are not clearly dealt with by the Specific Provisions of this Law or by other laws, the provisions of the General Principles of this Law shall be applied, and the provisions of the Specific Provisions of this Law as well as of other laws which deal with contracts and which are most similar to the relevant contracts may also be consulted.” So when the sports sponsorship contract has a dispute, the General Principles in the Contract Law can only be applied. In practice, there is a conflict between the abstractness of the general principles and the operability of sports sponsorship contract. At present, the legislation has not defined the legal nature of sports sponsorship contract, which is still anonymous contract. In practice, more judges tend to choose Article 124 of the Contract Law, or refer to the sales contract or the advertising contract, when judging sports sponsorship contract cases. However, as everyone knows, this kind of analogy applies only one-sided view of the connection between the sports sponsorship contract and other civil contracts, but ignores the significant differences between them. Thus, it can be seen that due to the lack of specific provisions of the Contract Law as the basis for judging, sports sponsorship contract disputes are highly prone to different judgments.
(3) Gaps in special legislation on sports sponsorship
Sports events promote the commercialization and marketization of the sports market. Compared with the developed countries, the level of sports sponsorship in China is relatively low and the theoretical research is relatively backward, so the legislative level is not high. China's current legislation has not yet formulated specific legal norms to regulate sports sponsorship acts. As far as the existing legal norms of sports sponsorship are concerned, most of them belong to advocacy clauses, which cannot provide a specific legal basis for sports sponsorship disputes and contract disputes. It is precisely because of the lack of legal provisions to determine the rights and obligations of parties that judges cannot determine the accurate legal guidelines in the trial of sports sponsorship cases so that there will be inconsistent legal application.
Legislative proposals
1. Perfecting the legal system of sports sponsorship
Sports sponsorship contract is a new type of independent contract, which is a dual-service, paid, and promise contract. In legislation, the sports sponsorship contract should be typed. The definition, content, necessary clauses, rights and obligations of the parties and the liability for breach of contract should be defined in the Specific Provisions of the Contract Law. The protection of the sports sponsorship contract as an independent contract in the Contract Law can not only save the cost of legislation and transaction, but also improve the predictability of trial, which is beneficial to the protection of sports sponsor parties.
