The Construction And Consummation Of Mechanism Of Settlement On Sports Disputes Resolution-Mechanism

The human society since its birth is full of all kinds of contradictions, along with the aggravated development of the social interest relations multiplication tendency, the amount of the social contradictions is appearring larger and larger and social contradictions are bulging more and more obviously. In the long history of human practice, to resolve the dispute, people have built up a variety of solving mechanisms. These settlement mechanisms mainly include reconciliation, mediation, arbitration litigation and other forms. The types of virous disputes happened in the small sports system can be reflected in the big social system. But compared with other social disputes, sports disputes have some particularity. This specialty requires special mechanism when we are dealing with the sports disputes.The countries with a mature sports market, have established a complete sports dispute resolution mechanism. We have not established a corresponding sports dispute resolution mechanism because of the constrain of history tradition, culture tradition, sports regime and construction of the rule of law. This thesis attempts to demonstrate the establishiment of diversified dispute resolution mechanism incluiding the mediation, sports arbitration, sports administrative reconsideration and litigation, the civil action sports special procedures,criminal litigation and so on, startting from the particularity of sports disputes, discuss and perfect the way to resolve disputes, so as to provide some reference for establishing and perfecting sports dispute resolution mechanism.Sports disputes can have a variety of partition methods according to different angles, but all the pation methods have a commonnality that the ways to solve the sports disputes can be gathered to several forms of reconciliation ways such as mediation, arbitration, administrative reconsideration, litigation and so on. Reconciliation mediation is a sanction for their own related rights disputes, the dispute settlement mechanism have some unique merits that it can save time and effort, can get faster execution and can make it conducive to keep the stability of social relations of disputes parties etc; Sports arbitration is a procedure that according to the arbitration agreement that is made by the dispute parties reached in advance or negociated afterwards, the disputes will be submitted to the neutral third-party,the final verdict will be made by neutral third-party according to facts and the relevant laws regulations and rules.The disputing parties have to comply with dispute resolution mechanism with the principle that arbitration award shall be final and binding. This mechanism have the merits of professionality, confidentiality, timeliness, economy, execution, independence and so on, which gives it a unique function and advantage in solving the sports disputes. International sports Arbitration Court of Arbitration (Court of Arbitration for Sport, shortly called as CAS) and the mature sports Arbitration system in some western countyies provide us with a valuable action reference.It is a necessary and only way for us to have our own sports arbitration according to the dispute practice of sports disputes and its corresponding resolution. Administrative review and administrative litigation is a rights - protecting mechanism that the administrative relative person requires for the administrative relief and judicial relief in accordance with related laws and regulations in the sports administrative management process. According to the concept of the rule of law and legal administration, punishment must go along with relief, so administrative relative person's administrative penalty shall be given the necessary relief,.But sports professionals in our country, especially the coaches and athletes'consciousness to preserve their legal rights are stiil relatively indifference. Currently the amount of parties who preserve their rights through the sports administrative reconsideration and litigation is still small, so it is necessary to further strengthen its function from the source of system; Civil action sports special program is a uinque program compared to the common civil action programe aiming at the resolution of some special disputes in the sports fields. It can optimizely solve the special sports disputes through general flexibility.This program will generally follow the general rule of the civil litigation except some adaptions made to adapt to thethe particularity of sports disputes.This program is mainly used to review the eligibility of the athletes and team in judicial ways.The criminal judicial intervention referred to in the essay is mainly aimed at of professional technical crime in the sports fields.Because of the particularity of such kind of crime, it is difficult to give the final verdic according to the existing criminal law. So it is necessary to revise the constitution or introduce new judicial interpretation to perfect legal loopholes, then it can be realized that we can attack theproliferating criminal activities with the most powerful fist of criminal law, providing good legal protection for healthy development of sportsThe diversity of sports disputes' properties results in the diversity of the corresponding solution mechanism.China should establish a diversed sports dispute resolution mechanism that makes the sports arbitration be as main body and makes independent mediation mechanism of sports system and litigation mechanism of sport system be as both wings. The particularity of sports disputes and the nature of sports arbitration decide the fact that a lot of sports disputes need to be solved through sports arbitration.That is to say,a lot of sports disputes shall stop at sports arbitration, so we should strengthen the judicial supervision of sports arbitration.