Legal Conflict Of Arbitration For Sport Legislative Research

this article takes the legal conflict which appears by the Chinese sports arbitration legislation as the object of study , Through literature, logic analysis, comparative analysis, expert interviews and other methods in the analysis of the meaning of Arbitration for Sport , nature and sports advantage of the means of dispute resolution, Comparative study of the international situation and development of Arbitration for Sport and China' s athletics to the dispute settlement mechanism of the status and problems. Through analysis and comparison, the article maintains that the building of China' s sports arbitration system has been imminent.The article has analyzed the Chinese sports arbitration legislation basis and the related legal document, pointed out that "Sports Law" is the sports arbitration legislation direct basis, but "Legislative Law" is the sports arbitration legislation safeguard basis. "Sports Law" Section 33 provides that "in competitive sports in the event of a dispute, by the sports arbitration body responsible for conciliation, arbitration. Arbitration for Sport to the establishment of institutions and the scope of the arbitration provisions by the State Council separately." But "Legislative Law" the 8th 9th article of stipulation "the lawsuit and the arbitration system can only make the law. " Thus emerged the conflict-of-laws. Through legal theory based on analysis of the causes for the conflict-of-laws, the article maintains that "Sports Law" and "legislation" of Arbitration for Sport Council on the conflict stems from the relative stability of the rule of law and social life changes of contradictionsCouncil of Arbitration for Sport against the existing conflict-of-laws, articles of legislation and the basic tenets of the law to resolve the conflict based on the basic principles of theory, pointing out that in the current situation from the country' s sports and practical. in the face of the Legislative Council of Arbitration for Sport in conflict of laws, there are three kind of practical solution: 1 Develop a "Law of Arbitration for Sport" ; 2 revise "Sports Law"; 3 formulate "Sports Arbitration Temporary regulation", and has carried on the analysis to three kind of solution's advantages.The article pointed out finally: In the legislation should maintain method the stability, the mobility and the continual disposition union, avoid presenting the new legal conflict, causes our country sports law system to consummate unceasingly, promotion sport cause continually, fast, healthy development, with the international trail connection, and plays the positive role in our country material civilization and the promotion of cultural and ethical progress.