Discuss The Scope Of Legislation Choice In Sports Arbitration

With the rapid growth of China’s economic strength, the sports enterprise has progressed rapidly. As a large sports country, China gets more and more frequent international communication with other countries, which is a pleasure for us. However, a coin has two sides, correspondingly, the number of sports disputes is increasing as well. Whereas there is nearly no system of sports arbitration in our country. The only suitable regulations in our Sports Law are too simple to settle down the disputes. And no formal Arbitration Law is set up at present. Besides the comparatively mature Arbitration Law has neither professional regulations on sports arbitration, nor can be completely applied to sports arbitration. In recent years, scholars realize the distance of arbitration systems between home and abroad, they have done much work on it. However the problem is that the study of sports arbitration focus only on the technical level, and few of them focus on the application scope of sports arbitration. Generally speaking, the home studies are scattered and unsystematic. Therefore there is a long way to go for the sports arbitration studies. Facing the increasing sports disputes, the need of further study on sports arbitration scope is more and more urgent. The scope should not only accord with the our national situations, but also with the advanced international systems.The author tries to analyze the scope of sports arbitration both from the law angle and the sports angle. Sports arbitration disputes mainly refer to the competitive sports disputes. And the scope of sports arbitration is redefined by the author, which has a clearer clarification of the applied scope. The paper pays more attention on the establishment of sports arbitration law from the perspective of law rather than sports angle. It is a new topic in China. Based on the present Sports Law and Arbitration Law, this thesis tries to give some thoughtful suggestions on present situation of sports arbitration combing with the characteristics of sports disputes. Moreover the basic theoretic problems and the advanced sports arbitration abroad are also under the author consideration to the study. Different from the past studies, the author lay his emphasis not only on one foreign system as past studies, but on many systems of foreign countries, such as the United States, Britain, Sweden and so on. With these comparisons, the author will put forward some helpful suggestions to improve the present Sports Arbitration, hoping help the establishing of China own Sports Arbitration Law.