| Sports discipline punishment is one of the important means of sports standard management.Under the promotion of "rule of law" strategy and physical reform of sports associations,the legalization of sports discipline punishment is an inevitable trend.In order to explore the path of rule of law from the characteristics and shortcomings of discipline punishment of Single Sports Association in China,the methods of literature analysis,logic analysis,case analysis and expert interview are adopted in the study.Through the statistics and analysis of the basic situation of discipline punishment of National Sports Association,the deficiencies are found,and the improvement of Discipline Department of single sports association is expounded from the perspective of rule of law The path of punishment.This paper is mainly divided into three parts: the first part summarizes the basic situation of the establishment of the penalty rules of the National Sports Association corresponding to the Olympic Games,the second part finds out the advantages of the current disciplinary punishment of the single Association and analyzes its shortcomings with the help of typical cases;the last part discusses the path of the legalization of the disciplinary punishment.The main conclusions are as follows:most of China’s individual associations have internal discipline related items,but most of them have not set up a separate discipline regulations,and the establishment of the penalty has not yet a relatively uniform standard,and the degree of perfection is uneven.From the object and type of penalty,we can see that the awareness of individual Association for Discipline and order maintenance is at a high level,and the implementation of penalty has pertinence and flexibility.Through the analysis,the shortcomings of the individual association’s disciplinary punishment include: the lack of superior legal documents of disciplinary punishment and the imperfection of punishment rules;the unclear procedure of disciplinary punishment,the insufficient participation of the parties in the punishment procedure and the inability to guarantee the neutrality of the arbitrators;the incomplete internal relief and the lack of external relief;the lack of the hearing personnel independent from the association and the lackof sports arbitration system.According to the commonness of discipline and law as well as the shortcomings found,this paper puts forward suggestions on the legalization path of disciplinary punishment of individual association from three aspects.First of all,at the level of national legislation,it is necessary to modify and improve the "sports law" and its supporting laws,increase and issue the corresponding provisions and regulations to guide individual associations to improve the internal disciplinary system.Secondly,at the level of improving the system of internal discipline punishment,in addition to improving the internal discipline punishment rules,improving the awareness of law and discipline and establishing the supervision system of discipline punishment,we should strictly implement the punishment in accordance with the procedures of discipline punishment,ensure the neutrality of the hearing,guarantee the basic rights of the parties,and improve the internal and external relief and arbitration system based on the discipline punishment of individual associations We should improve the relief system of disciplinary punishment in three aspects: building multiple relief channels.Finally,from the point of view of the connection between China’s individual associations and international sports organizations,China’s individual associations should abide by the regulations of international sports organizations,and learn from its excellent experience of improving the disciplinary punishment system,ensuring the procedural justice of disciplinary punishment and building a perfect relief system to provide reference for the construction of their own disciplinary punishment system. |
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