| To achieve the transformation from a big sports country to a strong sports country,high-level competition in the Olympic Games takes an important part.Olympic athletes as the protagonists on the stadium,protecting their various rights and interests is the biggest and best support given by the state.The eligibility are the beginning of everything,and the protection of their related rights and interests should be paid more attention to.The eligibility of the athletes is the first threshold to participate in the competition,and the eligibility of the Olympic Games is the goal of the athletes’ dreams,because the huge material and non-material benefits behind it are the important driving force for the athletes to compete.On the basis of studying the different theories of the concept and connotation of the eligibility,the author thinks that the eligibility is a kind of status granted by the law to the athletes to enjoy or safeguard the special interests.Eligibility for participation in a sporting event generally appears in the form of conditions in the regulations of the event.The connotation of the eligibility is the combination of the right to obtain and remedy.The legal essence of the eligibility is a concentrated embodiment of the right to participate in sports,the right to fair competition and the right to profit.The ancient Olympic Games and the modern Olympic Games have obvious differences in the regulations of eligibility,which are mainly reflected in three aspects: social class,gender and part-time occupation.The Olympic Games as the world’s highest level of competitive games,the eligibility of every athlete is the ultimate dream.At present,the main way to protect the rights and interests of Olympic athletes to participate in the games is to submit to the Court of Arbitration for Sport(CAS)for Arbitration.In the early 1980 s,CAS was formally established in Lausanne,Switzerland,in order to solve the problems of professionalism,technology and timeliness of sports disputes.Since its establishment,CAS has played an important role in resolving international sports disputes,especially those related to the Olympic Games,with its flexible and efficient arbitration procedures,professionalism of arbitrators and neutrality of arbitration.Gradually became the "Supreme Court" of the sports world.This article summarizes all the cases of CAS arbitration on Olympic athletes’ eligibility in the past years,and finds that the disputes about the eligibility of the competition are two types of requests for and confirmation of the eligibility.The main influencing factors for requesting to obtain the eligibility category are the selectors,and the main influencing factors for obtaining the eligibility category are the individual athletes.In addition,CAS arbitration is an external remedy.The main influencing factor is the relief restriction,which is also mixed in these two types with appears from time to time.Then,it analyzes the three main influencing factors of the selectors,athletes and relief channels.After tracking a large number of arbitration processes and results,it finds the key points and analyzes them in conjunction with typical cases and summarizes the CAS arbitration position to provides some inspiration for the protection of Olympic athletes ’eligibilityFinally,Combined with the present situation of the protection of the rights and interests of Chinese Olympic athletes to qualify,analyses the eligibility of the selection process,other personal basic requirements and rights relief way,it can be seen that the current predicament of the protection of Olympic athletes’ eligibilitys in my country is mainly the lack of standardization in the selection process,the lack of personal qualities of athletes,and the low efficiency of rights relief.From the many cases arbitrated by CAS,it’s provided some enlightenments for protecting the eligibilitys of the Olympic athletes in my country: strengthening the standardization of the selection work,improving the comprehensive quality of athletes,and improving the effectiveness of rights relief channels. |