Study On Ethical Governance Of Referee Discretion

Theory of referees is a guide for judgment. It is the fundamental andprecondition for control deviant behaviors. According to international research, theargument of theory of umpires has gone along for a long time. The theory wasaccelerated by researches from two aspects which are ideas and participating. Tooshort research time and profession difference are common reasons that has limited theresult of theory research. On one hand, researchers move legal theory to sports; on theother hand, many researchers conclude results from sports matters. The former showsthe characteristics of a good system, but due to the particularity of sports industry, thetheory system is difficult to effectively guide the actual referee behavior. The lattershows the characteristics of good feasibility, but due to the lack of guidance ofguiding thought, constructing rule of forming such as poor continuity, thedisadvantages of fuzzy development direction. We take the hermeneutic andinterpretation of legal theory, the theory of sports from John huizenga and Alangutman’s, as the basic theory of this research. A theory of discretion will be foundedthat comes from essence of sports and interpretation of legal theory. This research willmake sure the justice when a referee face with an edge problem.This paper analyses and summarizes the development of discretion and redefinesthe concept from Angle of semantics. Its development can be divided into:"saying","creationism" and "compromise" and "found" four kinds of forms. Then, this paperintroduces the exist and ethical rules for the inevitability of feasibility for the refereediscretionary behaviors. Next, according to the theory of hermeneutics andinterpretation of legal theory created the referee mechanism of right of discretion.After that, an available path will be established for referees pursue best destiny. Andthen, four ethical principles will be given to guide participate. Three security methodswill be given to ensure discretion go will. At last, three kinds of special judging statuswill raise.Through in-depth analysis of the theory and study on decisions, the following aremain conclusions:First, at present the urgent demand for ethical rules cure is due to the failure ofcurrent rules means to cure and ethical rules for the era of advantages together. Ethicalrules for judges discretion is the product of The Times, give full play to the superiorityof ethics rules for need based on current rules cure system. On the one hand, may notbe the great leap forward and violence to eliminate the current regulation system, onthe other hand, more can’t ignore the long benefits of reform. To effectively solvepractical problems, or a gradual step by step to finish by ethical rules for judgesdiscretion to improve sports the ultimate goal of justice.Second, judge discretion is defined in fact decided that, rules apply for refereesand penalties for the process of choosing, using libertad, rules of interpretation, rule of reasoning and ethical value judgment method, the rules within the permitted scope ofthe spirit and principle, choose a can maximize the rights of sports spirit and socialjustice.Third, ethical judge discretion including ethical decisions materialization method,the creation of ethical standards, ethical standards, the penalties and value test andreconstruction, into six rules text link. Ethical decision method according to thedemands of justice created a set of ethical standards, this set of ethical standards inpractice be materialization, materialization of ethical standards form operationalprinciple, the principle of guiding practice form the penalties, the penalties after valuetest and reconstruction effect and was strengthened, and finally into the ethicalstandards rules text become part of the current rules.Fourth, when behaviors of athletes’ governed by rules and ethical principles, thebehaviors were divided into four parts. The four kinds of behaviors are both violatingbehavior, either violating behavior, both complying behavior and either complyingbehavior. By referee refereeing, the four kinds of behaviors lead to five kinds ofresults. They are offset behavior, gap behavior, neutral behavior, good conduct andfailure punished behavior. Now, the behaviors, concludes failure punished behavior,good conduct, gap behavior, are a hot-pot by ethical governance.