|（School of Physical Education，Soochow University，Suzhou 215001，China)
Abstract: According to the differences of investment subjects under different Chinese athlete cultivation modes, the authors divided Chinese athletes into such 3 types as “plan type”, “fusion type” and “market type”. By using plan type athlete NING Ze-tao and fusion type athlete LI Na as typical cases, the authors did an analysis and revealed the following findings: under the “plan type” cultivation mode, the athletes’ main investment subject is the state, their human capital property is mainly configured by the state specifically; under the “fusion type” cultivation mode, the athletes’ main investment subjects are the state and the market, their human capital property is configured by differ-ent subjects at different stages; it is a “subordinate” labor relationship between “plan type” athletes and their in-vestment subjects, it is a “cooperative subordinate” labor relationship between “fusion type” athletes and the state, it is a free labor relationship between “fusion type” athletes and the market subjects; the rights and obligations of “plan type” and “fusion type” athletes and their respective investment subjects are somewhat different. By compar-ing the human capital property ownership, human capital vitalization performance and benefit allocation manners of the two types of athletes, the authors concluded that the human capital property of “plan type” athletes is mainly owned by the state, their human capital vitalization forms and benefit allocation manners are established under the unified arrangement of government administrative departments, such a measure is also the ignition wire that triggers legal disputes due to the configuration of the human capital property of “plan type” athletes. When a “fusion type” athlete reaches related agreements with his/her investment subject, most of his/her human capital property is owned and can be freely controlled by the athlete himself/herself. Through analyzing, the authors derived 4 inspirations: the law can regulate the exercising of rights of the sports management center; the law can adjust the choices of subject behaviors of the market and the government; the law is an important way for specifying the human capital property ownership of athletes; the law is an important basis for rationally configuring the human capital property of athletes.
Key words: sports law；athlete cultivation mode；human capital property