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Study Of Multiple Sports Disputes Settlement Mechanism

Posted on:2009-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:W Y ZhuFull Text:PDF
GTID:2206360272983984Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
China is a sports country,who plays a very important role of the sporting world.However,our nation's gymnastical dispute settlement system is relatively falling behind.Based on few international Vulgate sports settlement patterns,this essay is mainly focusing on analyzing the loophole of our country's current sports settlement system,to raise the conceivability of constructing our nation's multivariated sports settlement system,so to achieve China's sports can have an international and global development.Sports Law,which is treated as the intersection of Sports Science and Law Science,whether has become an independent law subject is still under discussion.However,'as Law is not a self-sufficient subject,idealistic openness should not only be demonstrated as foreign,marked law knowledge and experiences' sensitivity.Besides,it should keep open and sensitive to all other relative subjects and research findings.Therefore,the writer has used various research techniques combined with multi-disciplinary research results and foreign comparative study method, as well as recent years' typical dispute within China Sports World as analyzing examples.'This article has used sports' dispute settlement mode's comparative method to deeply analyze some countries' sports organizations' dispute settlement system's operational state,as well as proved the recent situation and problems of our nation's current competitive sports' dispute settlement body,which leads to the conclusion that our country should also construct our own multivariated sports settlement system,in such a way to let China's sports keep up with the international development and globalization.The first chapter is the overview of sports dispute.This Chapter mainly talks about the definition of sports dispute,its character,basic types and essential elements.Sports dispute is the contradiction based on the content of sports' rights and obligation,which occurs during sports events and solving other sports related matters.Besides the ordinary social dispute's characters,sports dispute also contains its own special properties, such as professional,technical,complicated and high transparence,etc.The second chapter is the introduction of sports dispute settlement system.Sports dispute's complexity and multilayer relations have decided the solving methods' diversification.Generally speaking,sports dispute's settlement method is similar to civil dispute's dealing method,which contains parties' self-reconciliation,third party's reconciliation,arbitration and lawsuit,etc.Moreover,sports dispute's settlement method has one more unique solving type,which is sports organization's internal settlement style.Recently,the international megatrend is to build multivariated sports settlement system.The third chapter is the comparative research of sports dispute research system.By analyzing two major geneology of law countries sports dispute settlement system,we can see that,different countries' having different solving attitudes and methods,especially the judicial involvement's condition and level,which are mainly reflected as two major geneology of law countries' judicial involvement's level is different,the guidelines are different,different cultural background has lead to different sports dispute's lawsuit degree.Although each country's law tradition,law cultural differences,management system's difference have caused the diversity of sports dispute settlement's system,they all have some characters in common,such as:sports court cases have expanded,sports dispute settlement system has appeared multivariated tendency and the sports associations' internal dispute settlement systems are slowly becoming completed.Chapter four is the thought of constructing our nation's multivariated sports dispute settlement system.The writer firstly demonstrated the power origin of our country's sports organizations,then deeply analyzed our country's sports management system and the problems of our current sports dispute settlement system,lastly raised the thought of constructing multivariated sports dispute settlement system.The writer believed that, our country should continuously perfect the justice system,at the same time,maintain the best feature of solving our ethnic cultures' social dispute, fully unleash the function of non-legal actions,construct and complete the multivariated sports dispute settlement system,in order to make up the shortage that is cause by each single solving method,and to be suitable to efficiently solve modern social dispute as well as the requirement of building harmonious society.Based on the advanced international sports law,our nations sport dispute settlement system can be designed into following 4 alternative ways:sports organizations' internal problem solving, sports arbitration,sports conciliatory and sports lawsuit.
Keywords/Search Tags:Sports disput, Judicial involvement, Sports arbitration
PDF Full Text Request
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