Analysis Of The Difficulties In Setting Up The Sports Arbitration System And The Related Legislation Improvements In China

In the modern society, sports have become a global industry, which are cared and participated much more than before. Accordingly, the sports related networks are more complicated. The commercialization and globalization of sports development tend to cause more sports disputes. It becomes a common concern in both the sports and the law field whether the disputes could be treated properly and efficiently.In China, sports measure a great deal in the modern life, and we still don't have a sound system to deal with such disputes. In practice, there exist four ways to treat these disputes, namely, the internal relief of the sports organization, the judicatory relief, arbitration and mediation. However, these ways don't work effectively and it remains a problem how to solve such disputes. In recent years, some other ways besides arbitration and mediation are recommended in many countires and the international sports field. We should keep up with the trend and enforce the research and legislation of sports disputes. Therefore, it is necessery to set up a complete sports arbitration system.The sports law of PRC promulgated in 1995 by the National People's Congress prescribes: the arbitration and mediation of the disputes in athletics is charged by the sports arbitration organization, whose foundation and scope of duty are prescribed by the State Council. There is also another item about sports arbitration in the 1998's Strict prohibition of the uses of incitant in sports activity. It is required to find better ways to solve the disputes to protect the rights of athletes. Ten years passed, and this field is still in blank. The original sports system in our country is based on the planned economy system. Although the economy system developed, it hasn't bring progress in the sports system, which remains closed and becomes obstacles in the development of sports indusrty. Reviewing the related research of the arbitration system both domestic and abroad, the author of this paper investigates and explores the difficulties and doubtful points in the theory and practice of sports arbitration and the related setup of such a system to offer some references and inspiration of the sports arbitration system. The paper employs such methods as following: literature review, contrastive study, case study, logical study and expert interview.The paper closes with a conclusion: despite the wide use of sports arbitration in international organizaitions, it involves a great many complicated problems because of the varied country systems and legal environment.As for my country, there are four reasons: firstly, the long-existed historical reasons, the improper of long-term programming and the neglection of management; secondly, the vagueness in the responsibility and duty of the sports arbitration legislation; thirdly, the disputed views about the theory of sports arbitration; lastly, the official management of sports, which interferes the folksy and neutral traits of sports.Moreover, four aspects should be emphasized in the design of Chinese sports arbitration system: first, the scope of arbitrtion should be narrowed to only the athletics, excluding the disputes in sports activities in schools. Second, the intrinsic quality of sports arbitration is required to be non-governmental according to the principles of Arbitration Law. Third, as to the arbitration agreement, based on the present practices of other countries and IOC, as long as the arbitration is prescribed in the constitution of the association, it could be applied, meantime, judiciary jurisdiction is excluded. Fourth, the procedure of sports arbitration should not only accord with that of the common arbitration, but also have some breakthroughs to be in time and swift, such multiple ways could be adopted as mediation procedure, simplified procedure and common procedure.