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On The Injunction Applied To Professional Sports

Posted on:2009-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:H R ChenFull Text:PDF
GTID:2167360245460281Subject:Humanities and sociology
Abstract/Summary:PDF Full Text Request
The article comprehensively discusses the history, present situation and prospect of injunction usage in the professional sports by documentation retrieval, analyze of comparison and case analyze. The main body of the article includes: I.Brief introduction of injunction; II. Injunction and remedy in professional sports; III. Principles on injunction application in professional sports; IV. The special problems on injunction application in professional sports; V.The prospect of injunction application in professional sports. From the above, the article makes a conclusion.Injunction which can prohibit somebody from doing something (prohibitory injunction) or order him or her to do something (mandatory injunction) regarded as a remedy method of Equity. After introducing injunction systemically, the article starts with logical relationship between injunction and the professional sports and then discusses widely principles and range of injunction application in the professional sports, issue authority, application reason, form and effects of issuing injunction and legal results of refusing to obey Injunction and finally continues to probe into the jurisdiction and enforcement of injunction application in professional sports, relationship between Injunction and Exhaustion All Internal Remedies and conflicts between justice authority and sports management authority and so on. As a reference, the article relates to the prospect of injunction application in the professional sports.The article thinks that the sluggish and lengthy common judicial procedure can not adapt to the fast and efficient modern professional sports. Reluctantly applying common judicial procedure will does harm to the tradition of"the faster, the higher and the stronger"and affect negatively the period and law of sports. The essential need determines that Injunction must be combined with the professional sports. The professional sports characterized by time, competence, brand and relatively closing and limited by the period, the span of sports and the system of match requires that problems can be resolved conveniently, quickly, efficiently and justly. Fortunately, Injunction possessing the characteristics of equity, temporary and flexibility can satisfy the above need. Injunction having the advantage of immediate and interdiction can help calm down two sides who conflict with each other in sports, make the sports authority reflect on the justness of its procedure and entity and also can make athletes have enough time to attend matches and validate their rights and at the same time justice finishes supervising the sports.According to injunction, for athletes and clubs, it is worse to lose opportunities of attending matches than losing money. For the sports organizations, injunction issued by judicial authority makes a clear distinction between judicial domination and sports autonomy, make the strong state power confront with the brutal industry power and finally make the sports organizations reflect. From the above, sports autonomy obtain the efficient judicial supervision.
Keywords/Search Tags:Injunction, Professional Sports, Application, Temporary Relief
PDF Full Text Request
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