Research On Procedural Rights In Olympic Sports Arbitration

This paper comprehensively and systematically studies the institutional defects of procedural rights protection of athletes in sports arbitration of Olympic Games and the ways to overcome and optimize them.The sports arbitration of Olympic Games plays an important role in settling sports disputes in time,stabilizing competition order and maintaining sports justice.However,in the process of arbitration,the procedural rights of athletes are often ignored,the legal system of the confirmation of procedural rights is obviously insufficient,and the procedural rights violations of athletes are difficult to be effectively restrained.Therefore,this paper uses the methods of literature,empirical research,comparative analysis and value analysis to sort out the problems and shortcomings of the protection mechanism of procedural rights,and puts forward the principles and paths to improve the sports arbitration mechanism of the Olympic Games and optimize the relief of procedural rights,so as to ensure the realization of procedural rights of athletes.Procedural right is an important right of athletes,which plays an important role in the process of safeguarding their own rights and interests.This paper reveals the value position of procedural rights in the process of safeguarding rights through the comparative analysis of the theory of "entity supremacy" and "procedure supremacy".At the same time,it also focuses on analyzing the connotation of procedural rights,accurately defining the extension of procedural rights,and proposes that procedural rights are independent and instrumental in value and reflect the functions of restriction,service and guarantee in function.The sports arbitration system of the Olympic Games is the guarantee system of athletes’ procedural rights,which has both advantages and disadvantages: the advantages lie in the compulsion of sports arbitration management,the timeliness of sports dispute settlement and the relative openness of sports arbitration procedures;the disadvantages are that the compulsory arbitration mechanism,the lack of arbitration system and the vagueness of arbitration rules will inhibit the protection of procedural rights.In the CAS AHD arbitration procedure,the main reasons for the lack of procedural rights protection are as follows: first,concept conflict.That is,the conflict between procedural justice and time justice,between procedural justice and relief mechanism within the industry,and between procedural justice and competition rules;the other is power monopoly.Absolute power leads to absolute corruption.Monopoly is the source of power arbitrariness,"compulsion" is the external form of monopoly power,and the impairment of procedural rights by the Olympic sports arbitration system is the result of power monopoly;third,the lack of supervision.Strong supervision mechanism can avoid the abuse of power,so as to ensure that the procedural rights of athletes can be maintained and realized.However,the arbitration process of sports disputes in the Olympic Games lacks a strong supervision mechanism.In the CAS ADD arbitration procedure,although there is no conflict in the above ideas,there are two deficiencies: power monopoly and weak supervision.In order to overcome the shortcomings,this paper studies how to improve the procedural rights guarantee system from five aspects: idea optimization,principle setting,standard confirmation,supervision guarantee and relief path.First,concept optimization.The concept optimization is the basic premise of perfecting the procedural rights guarantee system in sports arbitration.In order to improve the protection system of procedural rights in sports arbitration,we must adhere to the correct concept and scientific principles.This paper believes that in the concept,we should examine the existing sports arbitration system in the four basic value forms of human rights,fairness,efficiency and order to ensure that the protection system design of procedural rights of athletes is consistent with the basic value of the rule of law and the value orientation of competitive sports.Second,basic principles.On the basis of optimizing the value concept of procedural rights protection mechanism in the sports arbitration of Olympic Games,this paper puts forward that in the reform of the existing system mechanism,we should adhere to four basic principles,namely,people-oriented,coordination between the principal and the subordinate,internal and external relief and procedural justice.Third,standard confirmation.The standard confirmation of procedural rights is the basis of athletes’ rights protection.In order to standardize the confirmation of procedural rights,we should clarify the legal relationship of procedural rights,the subject of procedural rights confirmation and the paradigm of procedural rights confirmation.Fourth,supervision and guarantee.Supervision mechanism is the guardian God of procedural rights protection.The supervision mechanism of procedural rights should include judicial supervision,arbitration institution supervision and social supervision.Fifth,relief path.Relief mechanism is the last means to safeguard procedural rights.The relief of procedural rights includes the internal appeal relief mechanism of arbitration institutions and the external appeal mechanism of judicial organs.The internal appeal relief mechanism focuses on the direct maintenance of procedural rights,so that procedural rights can be restored in a timely manner;the external appeal relief mechanism aims to promote the fairness of arbitration proceedings,and play a supporting role.The conclusion part is the summary of the full text,combing the context and significance of the procedural rights research in the sports arbitration of Olympic Games,exploring the methods and paths for athletes to maintain procedural rights,emphasizing the core values of the research,and providing reference for the relevant enforcement agencies,supervision agencies,judicial relief agencies how to exercise their power.