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Sports Disputes Under Administrative Law Research

Posted on:2009-09-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y HuangFull Text:PDF
GTID:2206360248950753Subject:Constitution and Administrative Law
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Sports are social activities which have complicated social relations, multi-sources interests' conflict and various kinds of disputes. Currently, the tendency of the development of sports disputes' remedy mechanism is plural inside the international sport circle. However, our remedy mechanism is different form the other developed countries under the current sports law. Therefore, the author made questionnaire investigation on solution to sports disputes with the help of sport bureau of jiangxi province in January 2007. We interviewed with staff of administrative organization of sports and single sport association, team members and coaching of sports of provinces and cities, administrative staff and athletes of clue, etc. The investigation results can be known from the below chart. There are only 1 case looked for law protection, 12 cases seek for administrative almsgiving to administrative organization of sports and single sport association, 6 cases resolved it privately and 2 cases made choice of arbitration on 21 questionnaires.Undoubtedly, judicatory relieves still lies at an awkward position. Subjective physical education often chooses internal implementing right relief implementing when they face to sports disputes. What reasons cause this situation? One of the main reasons is that we didn't establish judicial authority; the other hand, internal implementing right relief implementing is better than judicial authority in terms of effectiveness, economy and security. The private solution is an inevitable problem in sports dispute settling mechanism. Although we can't deny that the effectiveness of it, imperfect and unfairness of it cannot be neglected.This shows there are a lot of problem in present sports dispute settling mechanism. Research on sports dispute is relative dispersive in academy. Especially, administrative dispute of it hasn' t got more attention. So, the author argues that systematic research is needed in sports dispute. This paper tries to express an idea that solution to sports dispute comes from accurate grasp to legal relationship in sports. The current sports dispute settling mechanism in our country is still not perfect, because of lacking combination and coordination on various dispute resolutions, basic top is "a leg walk" . Therefore, the paper will make a systematic analysis on legal relationship in sports and on global sports dispute settling mechanism.Firstly, the paper analyzes the concept of physical education and sports, on this basis it research on legal relationship in sports. Then, the author discusses administrative interpretation of law in physical education and sports emphatically after stated the idea of basic theoretic problems. Secondly, the paper puts emphasis on discussing about two problems: Properties of athlete' and Authorization to the third organization.In the second part, the paper research on reconstruction of sports dispute settling mechanism. Firstly, it gives a brief introduction on types of sports dispute. Secondly, describe present situation of the dispute resolution mechanism of sports, and learning the related experiences from abroad. On this basis, the author research on possibility and feasibility of bring administrative dispute into sports arbitration system, scope of administrative cases in sports dispute to reaccepted by the court and dovetail problem of sports dispute settling mechanism of domestic and overseas. At last, it tries to redirect the status of institutions in solutions to sports dispute, and setting up future sports dispute settling mechanism on the whole.
Keywords/Search Tags:sports legal relationship in sports, disputes of sports, Sports dispute settling mechanism
PDF Full Text Request
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