A Study On The Nature Of International Contract For Major Sports Events In China

The organization of major international sporting events is a major international event linked to sporting events in many fields.Taking the Olympic Games as an example,the Olympic Charter has made it clear that the Olympic Games is an international sport to promote a peaceful society and contribute to the harmonious development of mankind.The contract of international major sporting events is the foundation of this activity,but the other party is the International Olympic Committee which defines the dispute about its nature,and the content of which is the national tax,the national sports event broadcasting right,International sports disputes independent jurisdiction and other powers of the provisions,so that the nature of such a contract has become quite academic exploration of the necessary.Moreover,the definition of nature also has guiding significance to the actual operation,when our country as the contractor,in the implementation of the contract in the process of the details of the issue,can be adjusted according to its nature,but also conducive to the future to better host international sporting events and improve our legal system,so as to achieve better convergence with international rules.China's international major sporting events contract,is to represent our country as a major international sporting event contractor,and as the organizer of the tournament international sports organizations,according to the relevant international practice and national law,in accordance with the specific bidding procedures,through a number of rounds of negotiations to clearly organize the rights and obligations of the format contract.We discuss the nature of the contract of major international sporting events in our country,which should be analyzed on the basis of the definition of the subject of the contract signing,for example,whether the IOC with the right to host the tournament is the subject of international law,such as the National Olympic Committee and the role of contract of the city government.Through the definition and in-depth analysis of the main body of the host contract of the Olympic Games in our country,there are four viewpoints on the dispute of its nature:first,China's international major sporting events contract is an international treaty,the second is that it belongs to international sports practice,the third is that it belongs to public-private cooperation of the administrative contract,four of which belong to foreign-related civil contracts.After analyzing the four viewpoints,this paper holds that the contract of international major sporting events in China is foreign-related civil contract.Because even if the contract in some areas break through the private law of the traditional contract,the public rights of the state of the content of the provisions,but can't certainly rise to the treaty or convention level,it is still in the status of equality between the two sides,the meaning of the agreement signed.After confirming the nature of the contract of major international sporting events,according to the nature of the foreign-related civil contract,the parties will find that the two sides have agreed the sports arbitration clause through autonomy of meaning in the contract,requiring all dispute settlement in the process of the contract execution.In combination with the result of the international sports dispute settlement,it is customary to choose the International Sports Arbitration Court,on the other hand,the result of sports arbitration ruling excludes the national jurisdiction is also a general practice.This is inconsistent with the principle of the International Commercial Arbitration award in our country,and if there is any violation of the provisions of article 5th of the New York Convention,in the case of a violation of its public policy,its courts are not recognized or enforced.Therefore,in order to ensure a more successful international sporting events in the future,we should perfect our legislation in the field of sports and realize the connection between our country and international sports practice,so as to be able to hold more influential international sports events on the basis of procedural justice and substantive justice.