| Chinese Fifteenth National Congress of the Communist Party put forward the implementation of "ruling the country by law, building a socialist country ruled by law is the basic strategy. The eighteen National Congress of the CPC and the Fourth Plenary Session of eighteen based on rule of law and spirit, put forward "comprehensively promote the rule of law", "speed up the construction of a socialist country under the rule of law", "rule of law" principle that history new height. "Comprehensively promote the rule of law" in the "comprehensive" clear the field Chinese socialism "ruling the country by law". Sports as an important part of China's socialist cause, in the field of sports in the implementation of "law of" is fully completed in the new historical period of well-off society "to promote the important connotation of the rule of law".At the same time, China's socialist democracy and legal system in the process of an inevitable requirement of strengthening the construction of sports legal system "," Sports Law of the people's Republic of China promulgated and implemented the basic attitude is that national sports development. Not only the provisions of the government, social organizations, departments and units in the development of sports undertakings in the responsibilities, rights and obligations, but also regulates the development of sports undertakings of various security conditions and the legal responsibility, provide an important basis for the management of sports and promote the development of sports. But with the development and reform of China's sports undertakings of physical culture and sports and the deepening of the sports field, in recent years there have been many new phenomena, new problems and perplexing the dispute, some ignore sports law, resort to deceit, play favouritism and commit irregularities, disturb the normal order of sports illegal behavior often occurs. For example, in 2014 the central eleventh inspection teams to patrol the feedback of the State Sports General Administration is pointed out, the field of sports events industry to highlight the unwholesome tendencies, approval and athletes selection events selected is not standardized, not open, opaque; competition in violation of the principle of fairness, falsification, destroy the sportsmanship race discipline phenomenon is serious; the lack of standardized management event development disorder, and supervision necessary; units directly under the General Administration of administrative, business, community, one of the four companies, the highly centralized power; part-time cadres generally, complex interests; supervision and inadequate accountability, discipline and law issues highlighted....... This a series of problems in the development on the one hand, highlights the lack of development of sports insurance mechanism of our country, on the other hand, the more prominent through legal means to regulate and solve these problems have to be solved in the process of Chinese reform and development of physical education in the subject. But it is a pity that the construction of sports legal system in China is still lagging behind, often appear weak, lax enforcement of the law, the situation is no legal basis, relying solely on the administrative departments of sports administrative order obviously can not reach the effect of scientific management, has seriously affected the healthy development of sports undertakings. Therefore, in the current "comprehensively promote the rule of law" in the background of China's sports dispute settlement mechanism in-depth study of law, whether to actively promote the "rule of law" and "rule of law" in practice has a certain theoretical and practical significance.The study take the stakeholder theory, actor network theory, social choice theory, and the theory of special power relation theory, autonomy theory as the instruction.Use the literature material, expert interviews, comparative study, case study, historical study method and other methods, generalizes the basic theoretical problem of sports disputes, to explore empirically the practice of domestic and international sports dispute resolution, law of sports disputes settlement mechanism for the construction of exploratory. By studying this paper ultimately aims is to construct the sports disputes diverse legal settlement mechanism, in promoting the rule of law under the background of social development to promote the construction of our country sports law.The main research conclusions of this study are as follows:First, through the study puts forward the concept of sports disputes and legal dispute mechanism, the constituent elements of sports disputes and classification standard, the principle of the construction of sports legal dispute mechanism.Second, through the study our country sports dispute solution paths of a single, mainly through internal solve sports organizations. And exist the following problems:one is the sports organizations internal settlement body set unreasonable and unlawful. Another it is related to sports organizations for dispute resolution provisions of the constitution is illegal. The last is the judicial organ cautious intervention to sports disputes.Third, through the study of foreign sports dispute resolution practice reference value is embodied in: one is to set up dedicated sports dispute resolution mechanism and paying attention to the construction of the institutional independence and neutrality. The second is to solve sports dispute follow the principle of exhaustion of internal resources. The last one is to reduce the court unnecessary intervention on sports, but at the same time, pursues the sports dispute resolution principle of judicial final.Fourth, according to the main body of sports mediation sports mediation can be divided into civil mediation, administrative mediation, court mediation sports disputes, and according to the nature of each kind of sports mediation determine the scope of sports disputes by mediation. Sports mediation agreement has the nature of civil contract, the parties may apply to the court to confirm to make the conciliation agreement has compulsory execution.Fifth, through the study and put forward the connotation of sports arbitration scope and conditions. Based on the analysis of the sports arbitration arbitration can be summed up the case scope of sports arbitration. And through the legal basis of the construction of sports arbitration system, the establishment of arbitration organization, sports, sports arbitration supervision etc build sports arbitration mechanism in our country.Sixth, combining with the sports connotation of civil action, surrounding the scope of accepting cases, the court of jurisdiction, program application and supervision, sports civil litigation mechanism is constructed, From the scope of administrative litigation, administrative litigation of court and sports administrative litigation jurisdiction determine the identity of the qualification of the applicant and respondent, sports administrative litigation and accepts the application, sports administrative litigation judgment and execution, etc, to construct the sports administrative litigation mechanism; In demonstrates the necessity of the criminal law limited intervention in sports disputes and sports disputes, on the basis of crime constitution, from sports, the applicable scope of the criminal procedure of crime investigation and the choice of criminal litigation jurisdiction, sports programs, sports aspects such as the supervision of the criminal lawsuit procedure to construct the physical mechanism of criminal suit.Seventh, on the basis of combing sports administrative disputes related theoretical issues.establish the sports administrative dispute settlement mechanism by sports administrative mediation, administrative reconsideration, administrative litigation, administrative letters.Eighth,the final construction of sports disputes settlement mechanism on the program with sports organizations internally as the forerunner, with a third party to participate in leading sports mediation, arbitration for sport to flank, backed by sports action mechanism of multiple mechanism of sports legal dispute. |
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