Preliminary Study Of The Theory Of Chinese Sports Arbitration

Sports arbitration serves as an effective method in dealing with sports disputes. It is stipulated in "Sports Law of People's Republic of China" that "Sports arbitration institutions are responsible for mediating disputes in sports activities." Nevertheless, China has not seen any establishment of the organization, and studies on sports arbitration have rarely been done. This paper attempts to probe into basic theoretical problems in Chinese sports arbitration system, and to do some exploratory studies on the legislation of the Sports Law and the establishment of Chinese sports arbitration system.By analyzing the concrete problems in Chinese sports dispute-solving mechanism, the paper introduces the working system of sports arbitration in some foreign countries, and it compares sports arbitration with other dispute-solving mechanism, on the basis of which the fairness and effectiveness, the pursuit of sports arbitration are adequately elaborated.The author mainly presents his ideas in this thesis from the following aspects: To perfect Chinese sports law, China should have its own sports arbitration system so that the law could catch up with the development of Chinese sports and international sports as well; Sports arbitration should aim at fairness and effectiveness; The popularity of sports arbitration institutions and the lawfulness of arbitration procedures and verdict effect make sports arbitration quasi-judicial; As long as sports arbitration is listed in the regulations of sports organizations, it could be applied for its compulsiveness; Sports arbitration is supposed to address the disputes caused by the disciplinary punishment, and that caused by the such major problems like the registration, circulation, and qualifications of the sportsman, and disputes caused by the contracts in sports activities; Mediation procedure and immediate arbitration procedure should be given special attention in the establishment of arbitration procedures; Sports arbitrators should be neutral in solving disputes, and should be a qualified sports worker.