Study On Sports Discipline

Punishment is the barking system and used to control sports participants'behaviors, protect the healthy development of sports. There are three kinds of sports improper act in sports: act broken the rule of game, act broken the rule of management and act broken criminal law. There are charged by different organizations and rules, leads to different remedies. This study focus on sports discipline on sports improper act broken the rule of management.Because of sports, especially competitiveness, fairness, instant, antagonism, rule and openness of athletics sports, self-disciplining and monopoly of the sports organization, sports discipline not only has the close, internal characteristics as general trade organization discipline, but also has characteristics such as strict, prescroption and social significance. The power of sports discipline is easy to be abused and endanger sports participants'right, causing disputes and endanger the development of sports. This research adopts the methods of investigation and case study to carry on research on sports discipline, announce that fair play should be protected all the time and promote sports by coordinating the interests of public, sports organization and sports participants, meeting the public's demand as well as protecting sports participants' right.Sports improper act means act endanger the sports order, violate the sports rule and should be punished. The theories sports organization carry on to sports improper act basis on honest competition theory, model theory and interests maximize theory.Sports participants use their right to control sports organizations'power to a balance in the proceeding of rule making, executing and remedy of sports discipline. Understanding and satisfied the characteristics of sports are important and sports can develop on their own inherent law by self-regulated. This Characteristic can not be the excuse of depriving members'interests and should not be abused. Distribute each side's rights and obligations fairly; each side of the interests should participate in the rule making directly or indirectly; the rule should be rigorous and legal; due process should be followed in sports discipline and necessary remedies are provided.The problems and main reasons of sports discipline in China are: ( 1) sports organizations are administrative monopoly; ( 2) The atmosphere of managing sports by law has not taken shape; ( 3) The Rules are too simple to involve all improper acts; ( 4) The good autonomy mode has not taken shape; ( 5) Lack the procedure protection, most sports organizations do not have clear regulation of due process, in the sports organization which has regulation of due process, the qualifications of person sitting in hearing is not clear and not independent; sports organization investigate, accuse and hearing function are mixing; ( 6) Set up internal remedy supreme effect and outside remedies are lack. There are sports discipline cases in China which violated the rule, had fuzzy content in punishment, abused of power, was contrary to state law, getting rid of remedies of justice review in recent years.To improve China's sports discipline mechanism , should increase members to participate in rule making and amending; provide due process protect; unify the discipline mechanism of sports; improve rule making and executing technology; set up sports arbitration; establishing justice review on sports disputes.