Research On Several Issues Concerning Sports Arbitration Systems Of China

In recent years, Disputes and dissensions broke out frequently in the field of sports in recent years。 How to solve the phenomenon of inequity and partiality appeared in the field of sports has become a hot issue in all walks of China。 Sports arbitration serves as an effective method in dealing with sports disputes。 It is stipulated in 33rd "People's Republic of China sports law "that "Sport arbitration institutions are responsible for mediating disputes in sport activities "。 Nevertheless. China has not set up the sports arbitration organization。 And studies on sport arbitration have rarely been done。Starting from the general theories of disputes and dissensions and considering the development of our athletic sports and the legal reality of it, this article analyzed the status quo and problems of sports arbitration in China, discussed the mechanism of sports arbitration in the international sports organizations, compared sports arbitration with other arbitration systems, and made some assumptions on the construction of sports arbitration from the aspects of its institutions, interceders, characters, scopes, and the procedures for its establishment。The conclusions of this article are: China should establish the mechanism of sports arbitration as soon as possible so as to perfect its construction of sports laws and adapt to the development of its athletic sports;as a kind of special dissension appeared in the activities of sports, sports dissension has the commonness as the general social dissensions as well as its own unique characters;according different standards of classification, sports dissensions have different typeso Compared with other arbitration mechanisms, sports arbitration has its own uniqueness in the aspects of the arbitration institutions, arbitration scopes, arbitration procedures, and arbitration effectiveness 。 China should pay attention to the following aspects when she establishes her policies for sports arbitration: she should confine the scope of sports arbitration only to the field of athletic sports but not extend to the field of sports for all and that of school sports;Sports arbitration should embody the basic spirits of Arbitration Law and persist in the basic principles stipulated in this law;In the aspect of arbitration procedures, the design of the procedures should answer for the basic requirements of general arbitration as well as the embodiment of the demand for solving sports disputes quickly and betimes。...