| Qingdao Sports News channel reported that the Chinese Football Association on August14, 2014 in the afternoon, on its official website announced, with respect to Qingdao to football club and its club members Mrs privately signed with Guangzhou Hengda Football Club Transfers contract disputes the final decision. At this point, which lasted nearly seven-month-old former Qingdao to Mrs player transfer case finally came to a close.Ultimately, the Chinese Football Association officially announced the transfer of the case for this decision on punishment, he decided to deduct this season in a league football club Qingdao can have seven points, and simultaneously a fine of 400,000 yuan. From the point of view of the nature of the news, there will be interest dispute, in communication with groups or people often life and values conflicts and collisions occur. The inevitable disputes which have gradually penetrated into all segments of society and in the field, in the field of sports is no exception. MRS Transfers from Guangzhou Hengda Football Club case, we can see, our professional sports in dealing with this dispute, can not meet the demand to solve the dispute in a timely manner, can not make their own interests and the legitimate interests of the athlete groups are effectively protected.With professional sports continue to move forward the process, a variety of professional sports disputes and disputes more and more and more complex. Among the many mechanisms to resolve disputes in arbitration is one of the most effective dispute resolution mechanism,although not the only way to resolve disputes within the sports field, but a professional,independent, fast and efficient, and strong timeliness, etc., and can better particularity professional sports disputes became so many ways to resolve sports disputes the most appropriate means. We studied American Professional Sports Arbitration Mechanism in order to learn from the successful experience to promote domestic competitive sports better to move forward, establish Professional Sports Arbitration System with Chinese characteristics.In this paper, the American Professional Sports Arbitration Mechanism for the study, the study includes the United States for the establishment of professional sports disputes outside sports arbitration system, internal professional sports league set a more perfect organizationand arbitration mechanisms, analysis of domestic professional sports disputes, the sports arbitration body design. By the method of literature, and agencies set up American sports arbitration, Solutions, United States and China face the current situation of professional sports disputes, so our basic situation of the two countries, to clear and comprehensive understanding, and professional sports disputes and the concept of arbitration for Sport to define, analyze its characteristics. In legal perspective, comparative research methods and case studies, the article focuses on the study of American sports arbitration system, the external aspects of the system including research Arbitration Association, arbitration procedures, staffing, and other judicial intervention. In the internal system, in terms of internal disciplinary sports leagues, the players union, collective bargaining, with examples to describe and analyze.Research results:(1)American Arbitration Association elected from the country experienced and highly specialized arbitrators Sports Arbitration Panel to resolve disputes as the main purpose of sports. It arbitration procedures are divided into the program start-up phase, the case is heard before the event, the trial preparation stage, trial phase, ruling, appeal of these steps, and wide scope of the case, involving various aspects within the field of sports.(2) American professional sports leagues in the internal composition of the players union to form a pattern of collective bargaining, through collective bargaining between employers and employees, common agreement on the establishment of arbitration to resolve channel to handle sports disputes within the Union, including the aspects of player discipline,salary contracts. Different professional league sports, internally provided in the form of arbitration and arbitration procedures in line with its own characteristics, in order to fully protect the interests of professional players themselves.(3) Our dispute resolution mechanisms in the field of professional sports is divided into self-help, social relief and public relief, there is no sound sports arbitration system can effectively solve the professional sports disputes, so learn from the successful experience of American Professional Sports Arbitration, design and building sports arbitration committee, subject to the provisions of the scope of the case, the use of a final ruling system, set up arbitration proceedings and constitute arbitrators.Conclusion:(1) American sports arbitration agency is run completely independentlydetermine the nature of the legal independence from government influence, its independence can improve the quality of arbitration, independent adjudication, a just solution to the dispute.US arbitration procedures set relatively sound, consistent judicial practice. It provides a detailed and explicit terms, in line with the judicial process in the standard program content,to provide a guarantee of regime.(2) Professional sports leagues according to their own conditions and characteristics established an internal mechanism for arbitration, in institutional settings, there are strict requirements on the effectiveness of the decision, the statute of limitations, etc., to ensure the smooth conduct of the proceedings, in line with its own characteristics, with a representative, it is worth to learn from our and learning.(3)Domestic Dispute settlement professional sports and inadequate systems, there is sometimes contradictory situation, the lack of targeted sports arbitration system and supporting the implementation of the program, can not properly handle and resolve disputes professional sports, there is a relatively mature system with the United States a larger gap.Recommendation:(1)Countries should attach great importance to speed up the legislative building Professional Sports Arbitration System Related Laws, enacted in line with Chinese laws and regulations of professional sports can own situation, set up a special sports arbitration body.(2) Establish appropriate arbitration mechanism in the league, a program set up to do detailed, meticulous, and the establishment of oversight, review procedures,establishing relief counterpart ways to be fair and democratic resolution of disputes.(3)Accelerate the construction of professional league players union, the players union can make an independent safeguard the interests of the players, sports associations to ensure long-term stable and healthy operation, to ensure the rapid development of professional sports league forward. |
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