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Research Of Non-litigation Dispute Settlement Mechanism On China's Competitive Sports Disputes

Posted on:2009-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:X Y TanFull Text:PDF
GTID:2166360275968944Subject:Curriculum and pedagogy
Abstract/Summary:PDF Full Text Request
China's reform , opening and acceleration of the pace of building a market economy, along with sports reform. Chinese sports level is higher, international exchanges increase in the frequency, sports have achieved rapid development and prosperity, and Chinese sports developed toward globalization, professional, business And industrialization. there are many issues worthy of our attention in the process of rapid development of sports, especially when competitive sports developed into professional, industrial and commercial development of roads, all kinds of interests contest in this process ,it will inevitably lead to dispute from various aspects. How to effectively resolve these disputes has become an urgent problem in sport and law fields. This study used literature, logical analysis, expert interviews and comparative analysis methods, first of all, from the competitive sports start of the dispute itself, defines the basic meaning of competitive sports disputes, as well as the basic characteristics, and discuss Sports Dispute the classification under the different standards. At the same time this study analysis the main reasons for the dispute has conducted. also analyzed the status of the competitive sports dispute settlement mechanism in China. In general, sports dispute to be resolved have both litigation and non-litigation settlement, and long-term judicial practice has proved that non-litigation is an effective dispute settlement mechanism. This study defines the non-litigation disputes settlement mechanism for competitive sports, this study analyzed advantages and limitations of non-litigation settlement mechanism. And also established China's non-litigation dispute settlement mechanism.This study made a Analysis of the establishment of China's non-litigation settlement mechanism for competitive sports disputes, also described the feasibility of established non-litigation settlement mechanism for China's competitive sports dispute, And explored the initial source of law for the establishment of China's non-litigation settlement mechanism for China's competitive sports dispute .Finally, this study Constructed a framework of non-litigation settlement mechanism for China's competitive sports dispute.Through the study above, we get some major conclusions following:1. Sports disputes, as one kind of the legal and social disputes, is the main loss of a balanced state, that is, the tension Social relations arising from the legal relationship between the main distribution of benefits, rights and obligations of a controversy.2. The main reasons that cause Sports disputes are as follow : the influence of international political and socio-economic backgrounds and values under of commercialization of competitive sports, such as sociology, business after competitive sports as reflected in its economic value as well as in economic and social athletes and officials in the legal sense . such as subjective, people chase the fundamental interests of economic and social reasons.3. The main solution to deal with China's competitive sports disputes rely on line of sports in-house and ordinary courts. The way to resolve disputes is monotonous. And from the actual reality of the resolution mechanism of our sports dispute, both the guild itself from the organization of Self-government, or the procedures of guild's internal dispute resolution in such areas as justice, there are inherent Imperfection. As a result, from the Substantive of the resolution mechanism of our sports dispute, Internal settlement mechanism of China's sports line has not really set up.4. Non-litigationdispute settlement mechanism of competitive sports is outside the settlement of litigation in a competitive sports disputes mechanism , it is including Internal settlement mechanism in sports field,Sports Mediation and Sports Arbitration. by this way, many advantages occur, It is time-saving, economic, security, flexibility and autonomy, friendly, independent, and it will not affect other disputes settlement procedures ,5. The main sources of Establishment of China's non-competitive sports dispute settlement from the "Sports Law, " "Arbitration Law", the people's mediation system and relevant international sports disputes settlement.6. actually, Sports non-litigation dispute settlement mechanism is a multi-level sports dispute resolution mechanism system. Every step is opening From sports negotiations or mediation reconciliation and talked about sports, until Arbitration for Sport, and even sports litigation. Actually Sports non-litigation dispute settlement mechanism is a Organic System.
Keywords/Search Tags:Competitive sports, dispute, non-litigation, Settlement mechanism, Alternative Dispute Resolution
PDF Full Text Request
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