Dissertation
Dissertation > Culture, science,education, sports > Sports > The world of sports > China

To build a number of theoretical issues of Sports Arbitration System in China

Author MaXiaoWei
Tutor RenHai
School Beijing Sport University
Course Humane and Sociological Science of Sports
Keywords Sports Social Theoretical study Sports Disputes Arbitration
CLC G812
Type Master's thesis
Year 2004
Downloads 423
Quotes 4
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Sports disputes distinguished from labor disputes and administrative disputes, has its particularity. In sports disputes, sports administrative departments, courts at all levels everywhere in handling the case and the applicable law are difficult. In recent years, the sport worldwide with great development and changes, a prominent phenomenon: in the field of law, the rights of individuals to be given more attention than ever, more and more athletes transfer problem The remuneration issue to the courts, but court settlement of such disputes is often not the best. View from the the world occur sports cases, even if the parties (athletes) take the final victory of the legal proceedings, he would still have may be excluded from the outside of the sport they are engaged, therefore, the real effect of judicial intervention is not good enough . In fact, the new trend in the world sports by way of arbitration to resolve disputes. The so-called Arbitration for Sport on sports disputes the parties to reach an agreement on a voluntary basis, to submit the agreement to the sports arbitration body, the ruling made by the sports arbitration body, and binding on the parties to the dispute to a system and methods of resolving disputes. (1 (the People's Republic of China Sports Law stipulates: \to establish sports arbitration body still not heard from China not only has not established a sports arbitration body, and the academic study of Arbitration for Sport has just started The purpose of this study is to explore the research on several controversial process of institutional theory of Arbitration for Sport in China The perfect supporting legislation of the Sports Law of the People's Republic of China \comparative study and demonstrate the core objectives of Arbitration for Sport paper argues that, in the current situation from the practice of China's sports to improve the legal construction of Chinese sports, adapt to the actual needs of the development of competitive sports in China and with the international practice, China sports arbitration system should be established as soon as possible. should be fully aware of the special nature of competitive sports disputes, resolve disputes competitive sports should focus on structural reform and laws to improve two aspects. article the outcome of discussions on several hot spots: Arbitration for Sport institutions of civil nature and effectiveness of judicial rulings, so the nature of Arbitration for Sport has quasi-judicial; mandatory characteristics of Arbitration for Sport, the sports arbitration provisions in the Articles of Association of the sports organizations can apply for Arbitration for Sport; Arbitration for Sport The scope should be limited to disputes arising from disciplinary sports organizations in the field of competitive sports, and disputes arising from professional sports because of the athletes registered, mobility, transfer, and to qualify, the contract in competitive sports activities caused disputes of Arbitration for Sport program is constructed to be prominent mediation procedures and expedited arbitration procedure.

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