The Establishment Of Independent Sports Arbitrational System In China

The successful host of the 2008 Beijing Olympic games , the 2010 Gangzhou Asian Games and the 2011 World University Games shows that our nation's sports affairs has stepped into its brightest time ever.Behind the prosperity of sports is the more and more complicated sports social relationship. The competition on the interests of sports field ,especially in the competitive field,is becoming more and more fierce which leads to the arising of a lot of problems . What becomes the universal focus problem is how to solve these problems rationally,efficiency and equity .Studies show that, sports arbitrational system provides system and mechanism safeguard for the legal position and legal rights and interests of athletes,sports organizations and guilds.Also,it can promote sports activities naturally and benignant develop.Thus,it already becomes a great motivation for the healthy and quickly development of competitive sports. In our country ,though the "Sports Law" clearly defined that "when there are dissensions happen in competitive sports,the sports arbitrational institution be in charge of coordination and arbitration,the establishment of sports arbitrational institution and the boundary of arbitration are ruled by the Sate Council separately",because there are no relevant laws being made by the Sate Council at present and no relevant institutions be set by ou country ,as the result ,when dissensions happened it trapped in an embarrassed situation that ordinary judicial procedure can't access and no sports arbitrational institutions exist.Then the sports world appear a blank area of no law regulation.All kinds of sports dissensions can't be settled well though legal means. In order to defense the equality and purity for sports competition,solve the dissensions in a rational way ,fully promote Chinese sports to make progress and develope healthy ,it is urgent for us to establish sports arbitrational system in China .This article starts from the issues of sports reality ,through a legal viewpoint to tell the priority of sports arbitrational system compared with other systems for solving sports dissensions and point out the necessity of establishing sports arbitrational system in China . Through the study of the sports arbitrational institution affiliated to the International Olympic Committee,the sports arbitrational system,arbitrational process and judicial review process of America arbitrational institution,with the combination of the reality of our country ,promote a basic imagination and construction plan for the establishment of sports arbitrational system in our country .