Construct a system of diversified sports disputes
September 08, 2021 08:53 Source: "Chinese Social Sciences" September 8, 2021, Issue 2247, Issue 2247

With the development of my country's sports industry and the expansion of sports functions,The interest relationship involved in sports is becoming more diverse and complex,Sports disputes also from traditional sports management disputes、Sports damage disputes, etc.,Development to a dispute in sports personality rights、Sports intellectual property dispute、Modern new sports disputes such as sports labor and social security disputes。Compared to general social disputes,Sports disputes have strong professionalism、Technical and timeliness,Its dispute solution requires special rules and diversified institutional construction。

First,Sports arbitration is undoubtedly a key system for resolving sports disputes。Article 33 of the Sports Law stipulates: "Disputes occur in competitive sports activities,The sports arbitration agency is responsible for mediation、Arbitration。The establishment methods and arbitration scope of sports arbitration agencies shall be separately stipulated by the State Council。"" But because of the introduction of the Legislative Law,my country's sports arbitration system has not been established to date。"Sports Law" Article 33 provides a legal basis and possibility for the establishment of a sports arbitration system,In the judicial practice, individual courts shall be resolved by sports arbitration agencies in some courts in the judicial practice.,Cases without accepting related sports disputes,Instead, the provisions of this article become a clause that hinders the effective resolution of sports disputes。When the Sports Law is facing a comprehensive modification,Sports Law theoretical circles、Experts and scholars in the practical world call on the state to establish a sports dispute arbitration Bet365 app download system,And recommended the nature of sports arbitration、status、Function and arbitration rules to make clear stipulation,for timely、Solving sports disputes fairly,Guarantee the legitimate rights and interests of the parties。The particularity of competitive sports disputes determine the indispensable lack of sports arbitration mechanism。Compared with the internal solution of the judicial intervention and the sports guild,Sports Athletic has an independent arbitration agency、Professional arbitrators、Flexible arbitration procedures,Be able to fully integrate the advantages of the two major systems of the internal solution mechanism and external solution mechanism of sports disputes。

Establishing a sports arbitration system is also the need for international integration of sports。In recent years,Sports events have become an important way for international exchanges,inevitably brought a lot of sports disputes,And some disputes cannot be effectively resolved in China。For example,Treatment of stimulant disputes,If the athlete does not accept,Court of Arbitation for Sport,CAS)。If there is an independent arbitration agency in China,It can be solved in the country。The Sun Yang case exposes the unscrupulous connection of the domestic system、Short board that responds to insufficient。Sports arbitration is an important part of improving my country's sports dispute resolution mechanism。Currently in our country,Solution of sports disputes,Except for the agreed dispute between the parties to submit CAS arbitration,The remaining sports disputes are mainly solved through the internal solution of the sports guild,Or a mediation or judicial lawsuit by administrative organs。But,These solutions have lack of neutrality in sports guilds、Disadvantages of administrative mediation and ruling applicable scope。Establish an independent sports arbitration system,It has always been a question that is widely concerned by all walks of life。

bet365 best casino games Second,Sports mediation is a system requirements for diversified solution of sports disputes。As a system with Chinese characteristics and Chinese traditions,Mediation is a more free、Economy、Convenient、Friendly and private solution method,It is also more suitable for the particularity of sports disputes,It should be one of the important alternative dispute resolution mechanisms。Talk about sports mediation,Need to clarify its mediation with sports arbitration and the relationship between sports administrative mediation。The mediation in sports arbitration appears in the provisions of Article 33 of the Sports Law,The regulations on the relationship between "mediation" and "arbitration" are not clear and clear。Exactly the "mediation" in "arbitration",Or "mediation" and "arbitration" is two independent solutions? From the perspective of the provision,The provisions of the second half should be the conclusion,Therefore, this article should be understood as "mediation" as part of "arbitration"。

Sports administrative mediation,refers to led by sports administrative organs,According to relevant laws、Regulations and sports rules and regulations,Merragments of specific sports disputes as intermediaries、Trial and public array。The sports mediation we advocate is different from the mediation and sports administrative mediation in sports arbitration,It belongs to an independent sports mediation system。Sports mediation is given the unique role of sports disputes and mediation in solving sports disputes,and proposed the problems existing in the existing dispute resolution mechanism,There is an overall plan for solving sports disputes、The meaning of the top -level design of the comprehensive layout,It also meets the needs of the times of diversified resolution of disputes。As far as the legislative level is concerned,Mediation is not a "legal reservation" item stipulated in the Legislative Law,Legislation Bet365 app download of the State Council through administrative regulations,The necessity of both practice and legislative feasibility。Therefore,The State Council formulated a special "Sports Mediation Regulations",as basic regulations,Establish a national and local independent sports mediation agency,Except for the business guidance of the sports administrative organs,You can also establish an expert library,Professionality of increasing dispute resolution、accuracy and convenience。

third,Internal rulings and sports lawsuits。Solve the solution of sports disputes in the sports industry according to its rules,Including internal mediation、Arbitration、Disciplinary punishment、Ruling, etc.,It adapts to the requirements of the solution of sports disputes,can also maintain the autonomy of the sports industry better。Take the Chinese Football Association as an example,Although the internal ruling mechanism itself has many problems,But in a formal perspective,The internal dispute resolution mechanism of the Chinese Football Association can be described as the most comprehensive and systematic,Not only does it have a variety of solutions (reconciliation、mediation and arbitration),There are hierarchical appeal and appeal procedures。The professionalism of the sports dispute itself、Technical and industry closedability,The internal ruling of the Sports Club plays an important role in maintaining the unity and autonomy of the rules of the sports industry。

Judicial final resolution of disputes can help maintain the unity and authority of national judicial。But on the issue of judicial intervention of sports disputes,Under the system of competitive sports in my country, "management of management does not distinguish" causes excessive administrative relief,The particularity of sports disputes, emphasis on sports autonomy,The conservative attitude of court judicial intervention in sports disputes,Insufficient professional ability of bet365 best casino games the judge,When we are discussing disputes to solve the development of a diversified mechanism from traditional lawsuits to non -litigation,,I have to treat the role played by sports lawsuits carefully。

Fourth,Effective connection of a diversified solution mechanism for sports disputes。Effective operation of a diversified solution mechanism for sports disputes,On the one hand, the entire resolution system needs to be placed in a comprehensive consideration in reflecting the characteristics of sports and autonomy; on the other hand, it also needs to pay attention to the connection and connection between the entire solution system,To ensure its integrity、Fusion、Multiple,The organic unity of the implementation of a diversified sports dispute resolution system。

First,The two major solution mechanisms of the internal and external income of sports disputes,The principle of internal relief should be followed。According to international practice in the field of sports,Sports dispute Once it occurs, it is necessary to solve it internally,That is the sports industry association priority treatment。If CAS stipulates in the "Sports Arbitration Rules": "According to the Federation、Association or Sports Organization's relevant agencies or arbitration agreements reached by both parties,and have used the legal relief available to the above institutions,A appeal to the decision of the above agency ",is the recognition and respect of the principle of internal relief。Whether it is sports arbitration,Or a sports lawsuit、Sports mediation as an external relief measure for sports disputes,Based on the internal relief of the Sports Industry Association。

Next,Clarify the relationship between sports arbitration and sports litigation,Establish a system of "voluntary arbitration" and "or trial" system。In the system design of sports arbitration and sports litigation,The principle of civil and commercial arbitration should be absorbed,Establish bet365 best casino games the basic principles of "voluntary arbitration" and "or trial" of sports disputes。This can ensure that the parties' autonomy,Respect the program selection right of the parties to the parties,Under the premise of safeguarding the Constitution of the Constitution of Disputes,Reflect that the effectiveness of the arbitration agreement is preferred,Reasonable allocation of dispute handling resources。"Railing or Trial" system requirements,After the appearance of sports disputes,Dispute parties either choose sports arbitration,Either select the court lawsuit,All are tailors。Of course in dealing with the relationship between the two,Also pay attention to the supervision and support of the judicial organs for sports arbitration。

Last,Establishing a tone/Zhongjun docking normalization mechanism。To establish a normalized mechanism for compliance/Zhongjun docking,The commissioned mediation should carry out a new exploration and beneficial attempts in the sports field。The commissioned mediation refers to,Whether it is prosecuted to the court's sports dispute,or a sports dispute to submit sports arbitration,Court or sports arbitration agency after obtaining the consent of both parties,Entrusted a system for mediation for sports mediation agencies entrusted by nationwide or local。But what you need to pay attention to is,The commissioned mediation adheres to the principle of full respect for the parties,It should not be used as a pre -procedure for the commissioned mediation as a front program for accepting cases and ruling。Mediation agency for mediation agencies,It may produce two results: First, the mediation cannot be achieved,Continue litigation or arbitration; the second is that the parties reach a mediation agreement。Reaching the mediation agreement,You can apply to the court or arbitration agency to withdraw or apply for arbitration,Or applying for a mediation letter。other,Both parties bet365 live casino games can only pass the business、Joint Meeting、Network Information Exchange Platform and other methods to establish an effective communication mechanism,To ensure the smooth progress of the work。

Solution of sports disputes requires special characteristics for sports disputes,Construction of disputes to work together to solve the work pattern of the joint participation,Forms multi -level and multi -domain solution for solution,Legal effects to improve dispute resolution,Forms a diversified sports dispute resolution system with Chinese characteristics。

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