Research On The Approaches Of Civil Appeals For The Violence In International Sports

In recent years,from the FIFA World Cup to the Tour de France, the success ofthe international and commercial operation to the sport, had attracted the attention ofthe media and public on the sports events. However, when people enjoy the spectatorside of the sport,they also find the dark side of it,which is the violence in the sportsthat exposed by the media in front of the world. The athletes, coaches, referees andspectators etc., who compose the sports world, share the common moral norms andrules of sports competition,both of which are quite different from the societalnorms.Player-to-player contact, as well as the sports tort have been general connived.But the excessive violence which break the rules of the game,is different from thenormal violence which is an integral part of the general competition. The excessiveviolence not only violate the interests of athletes, but also deviated from the purposeof physical fitness of the sports.Therefore, how to prevent the excessive proliferationof violence in sport, and to civil appeals to properly resolve infringement disputes ininternational sports arena of violence, has become a global problem.In this paper, we analyze the reason why physical violence occurs,and theadvantages and disadvantages of sports organizations self-government, civil courtsand sports arbitration in resolving the international sports venue in tort cases.Then wedefined the unique advantage of the sports arbitration under the present conditions,and finally we proposed to build the Court of Arbitration for Sport of our ownconformed to China’s national conditions.This thesis is divided into five parts:The first section describes the basic profile of the violence in international sports,based on the analysis of the particularity of both the sport environment and physicalcharacteristics of its own, revealed the reason why the tort of violence would beabused,made conclusion that excessive violence in the sport is a kind of specificinfringement.The second section comments on the advantages and disadvantages of sportsorganizations self-government, civil courts and sports arbitration in resolving theinternational sports venue in tort cases, and find that the athletes would not accept thedecide made by the sports organizations,because the dispute settlement body is notindependently,which the civil courts and sports arbitration would be not confront with.The third section analyze the ambiguity of the method of imputation of sportstort, which causes it is difficult for the court to grasp during the judicial review in thiskind of case,from the perspective of tort liability.At the same time, civil court have toface the issue of private international law in the international sports tort case. So in thecurrent conditions, the civil court is not the best wgay to resolve such disputes.The fourth section make the International Court of Arbitration for Sport as thestudy Object to shows how to slove the case of the violence in sports by arbitrationprocedure, and point out the unique advantages of the sports arbitration inmaintenancing the physical autonomy, ensuring the fairness of the decision and thegood-execution of the decision.The fifth section proposes to draw lessons from the design of the institutions andrules of the Court of Arbitration for Sport,to build the court of arbitration for sport ofour own conformed to China’s national conditions.We also need to improve the rulesof arbitration for sport to develop sports arbitration clause, to satisfy the basic needsof the development of sports.