Study Of China's Athletics Dispute Arbitration System

With the level of athletic sports (AS) advancing, AS are becoming a dominant element in the sports enterprises. With the number of the participants and professionals on rapid increase, sports organization and management have developed a unique social relationship with participants. Professionalization and commercialization of AS is intensifying the pursuit of enormous social and economic gains implicit in AS, as a result, athletic sports disputes (ASD) are arising by the day. The best avenue available for resolution of such disputes is AS arbitration mechanism testified by the practice of world nations where AS have been highly developed.Earlier in 1989 with issuance of Sports Law of People's Republic of China (SLPRC), the guidelines for resolving ASD through athletic sports arbitration were established but have not been in effect in practice. The patterns now commonly followed nationwide in the resolution of ASD fall into two categories in accordance with nature of means of resolution: through means other than suit and through judiciary intervention. However either of the patterns, not without clear deficiency and omissions, falls far short of the requirement of developmentsof AS and prevents national sports undertakings from progressing.The article starts with common types of disputes in national AS and means of resolution thereof, analyzes the problem with present means of resolution and evaluates objectively the current dispute resolution mechanism. What's new with the article is that, by putting the process of finding the best means of resolving the ASD against the background of "AS practiced nationwide" combined with AS at professional level, it seeks to find and demonstrate well-thought-out options to resolve national ASD arising as a result of globalization of economy and AS.The article is divided into four parts: survey of ASD; athletic sports arbitration system (ASAS); necessity and feasibility of establishing a national ASAS; and rational pondering on construction of a national ASAS. Starting with analyzing the concept and characteristics of ASD, followed by expounding of relevant concepts of AS, the article then introduces and evaluates the common types of disputes and resolution thereof in national AS. Drawing on current extraterritorial successful dispute resolution system in AS, the necessity and feasibility of establishing national ASAS are dwelt on, how to construct a national ASAS and operational rules thereof are demonstrated, and building under the framework of Sports Law and Arbitration Law a unified and independent ASAS is proposed with a framework given.The article aims to probe into and seek after the best mechanism for resolving national ASD and work out corresponding options after implementation of the idea of establishing ASAS to provide theoretical basis for the construction of national ASAS. In addition, the study and demonstration also point to the following: AS, being an interdiscipline involving physical education and the science of law, is an important part of science of physical education, and establishment of a national ASAS is in alignment with international sports conventions as well as an urgent task to be undertaken by China Olympic Games Committee in preparation for 2008 olympic Games. Furthermore, Clause 33 of SLPRC provides that "when any dispute arises in AS, sports arbitration bodies shall be responsible for mediation and arbitration. The establishment of sports arbitration bodies and arbitration scope are to be separately stipulated by State Council." However. the legislation has remained null and void and relevant study is few. The study of ASAS also answers the need of perfecting complementary laws to SLPRC.The present study of AS at home is. mostly limited to introduction to foreign systems owing to the fact that domestic scholars studying sports arbitration are not specialized in sports and are lacking in fundamental theoretical study of ASAS. The article is intended as a breakthrough in this regard.