Three dimensions of building my country's sports arbitration system
October 24, 2023 14:36 ​​Source: "China Social Sciences", October 24, 2023, Issue 2757, Issue 2757

Sports arbitration is a solution of sports disputes that have been widely recognized worldwide,Reflecting the solution of sports disputes in time、Professional features,In protecting the legitimate rights of athletes、Maintaining sports fairness and just play an important role。The "Sports Law" provisions promulgated in 1995,"Disputes occurred in competitive sports activities,The sports arbitration agency is responsible for mediation、Arbitration。Establishment methods and arbitration scope of sports arbitration agencies shall be separately stipulated by the State Council "。but but,Due to the restrictions on the requirements of the "Legislative Law" adopted since then,Sports arbitration agencies have not been able to land late。June 2022,The newly revised "Sports Law" adds "Sports Arbitration Chapter",Clarify the scope of sports arbitration and the effectiveness of "one end",Make it with labor arbitration、Independent arbitration system for commercial arbitration and parallel。Since then,"Sports Arbitration Rules" and "Organization Rules for the China Sports Arbitration Commission" have been formulated and implemented one after another,The China Sports Arbitration Commission was also established in February 2023。This is the iconic results in the development process of the rule of law in my country,It is of great significance for promoting the orderly and healthy development of the sports industry。Generally speaking,The construction of my country's sports arbitration system has the following three dimensions。

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my country's construction of a sports arbitration system,In addition to reflecting the professionalism in sports solution、Efficient bet365 live casino games and other advantages,Also due to the following two considerations。On the one hand,Avoid or reduce the phenomenon of "international disputes in China"。Independent domestic sports arbitration agency is an important part of the current international sports dispute solution system,Especially in solving domestic sports disputes, it is more prominent,Its status and effectiveness are also recognized by the International Sports Organization。For example,The International Federation of Single Sports Federation has the right to deal with international and domestic sports disputes in its jurisdictions,But under the premise of the domestic single sports association or the parties agreed in the parties,It can also be resolved by national sports arbitration agencies to resolve domestic sports disputes。Another example,According to the provisions of the "World Anti -Doping Regulations",National athletes can apply for arbitration with national sports arbitration agencies on "pure domestic" stimulant disputes。but,If there is no national sports arbitration agency,Athletes can apply for arbitration directly from the International Sports Arbitration Institute。Before,Since my country has not established a sports arbitration system,Some parties have appeared to seek relief from the "pure domestic" sports dispute to the international sports dispute resolution mechanism。It should be said,From program、Efficiency、Cost and other aspects,Fully hand over domestic disputes and applicable rules to the international sports organization and dispute resolution agency for judgment,Not conducive to autonomy、Comprehensive、Harly solving sports disputes。From the long run,,This pair to improve my country's sports governance system、Promoting the construction of sports power will cause adverse effects。

On the other hand,Alerting the dilemma of "solve the door" for sports disputes。Before the revision of bet365 best casino games the "Sports Law",The parties mainly pass the court litigation、Internal arbitration、Labor arbitration and other methods to solve sports disputes。The solution of the dispute seems to be diverse,But the result is often no door,Athlete's rights and interests are difficult to get effective protection。First,Some labor arbitration agencies exclude them outside the scope of labor arbitration for sports disputes。Next,The court was in the original "Sports Law" "Disputes in the event of sports activities,The sports arbitration agency is responsible for mediation、Arbitration "regulations,Adopting the attitude of respecting sports disputes to resolve sports disputes,Carefully accept sports disputes。Last,The parties will submit disputes to the internal arbitration of the sports organization in practice,But internal arbitration is not an independent arbitration agency in the legal sense,Its ruling has a short board in legal effect,Can't enforce it through legal channels。After the establishment of the sports arbitration system,Clarified internal arbitration in scope and responsibilities、Sports arbitration、The court's lawsuit's function and effectiveness of sports solution,It will effectively resolve the problem of "solve the door" of sports disputes。

  Main goals 

To avoid internationalization of domestic disputes、Guarantee of the actual needs of the parties to solve sports disputes smoothly,my country mainly builds the sports arbitration system around the following three targets。First,Emphasize the independence of sports arbitration。International Single Sports Federation and the World Anti -Doping Agency's recognition of national sports arbitration agencies,Previous with its independence。For this,my country's sports arbitration system focuses on ensuring the independence of sports arbitration institutions from the aspects of independence bet365 best casino games and operation of institutions。Independence of the organization,Sports arbitration institutions are from the sports administrative department、Personnel of Sports Social Organization,and athletes、Coach、Referee、Sports and legal expert representatives,Independent decision of major matters of the Sports Arbitration Committee。Operating independence,The Sports Arbitration Committee is based on decision -making、Execution、Thinking of the coordination of division of labor,Constructing a relatively complete internal governance structure,and clearly divide the scope of responsibility between the arbitral tribunal and the arbitration agency,Prevent the establishment of institutions in the arbitration committee to affect the independence of the arbitral tribunal。

Second,The consensus reflected in sports arbitration。Sports arbitration as a conjunction arbitration,The party's arbitration intention to submit disputes to the sports arbitration institution is the basis for the acceptance of a sports arbitration agency,The International Sports Organization also uses the party's arbitration intention as an important prerequisite for performing sports arbitration awards。such as,The FIFA requires the parties to apply for arbitration from the national independent arbitration agency in accordance with the arbitration agreement or a collective negotiation agreement。Similar to it,my country's "Sports Arbitration Rules" regulations,The parties shall submit the arbitration agreement when applying for sports arbitration、Articles of Association of Sports Organization、Files such as sports competition rules, etc. that can reflect the arbitration meaning of the parties。

third,Special characteristics of responding to sports disputes。Sports disputes are characterized by urgency and professionalism,In the qualification disputes caused by stimulant disputes,Athletes need to get ruling bet365 live casino games results before the start of the game,Arbitrators need to use special autonomous rules such as the World Anti -Doping Regulations to deal with disputes。So,The sports arbitration system attaches great importance to the timeliness and professionalism of sports arbitration at the time of construction。Timely aspect,Sports arbitration not only sets the arbitration period of ordinary procedures to 3 months,Also requires the arbitral tribunal to make a ruling in the special procedure of sports events。At the same time,"Sports Arbitration Rules" allows the Sports Arbitration Commission to determine whether the single sports association will timely solve the income and decide whether to accept the arbitration application,To avoid the internal solution institutions of sports organizations do not resolve disputes in time,Damage the legitimate rights and interests of the parties。Professional aspect,The "Sports Arbitration Rules" on the one hand with sports or legal professional knowledge as the basic condition for hiring arbitrators,On the other hand, the Sports Arbitration Commission is required to set up a separate "Anti -Divechand Organization Registration",Ensuring arbitrators that ensure the dispute between stimulants have special anti -doping knowledge。

  Development Road 

Future,can start from the following two aspects,Sustainable development and improvement of my country's sports arbitration system。On the one hand,Gradually clarify the scope of sports arbitration in the arbitration practice。Sports arbitration as a newborn arbitration system,It should be with the existing commercial arbitration、Labor arbitration to do a good job of planning。For this,Article 92 of the Sports Law,"The Arbitration Dispute disputes stipulated in the" Arbitration Law of the People's Republic of China "and the labor disputes stipulated in the" Labor Dispute Mediation Agreement Law of the People's Republic of China ",Not belonging to the scope of sports arbitration ",Try to divide the scope bet365 live casino games of three arbitration in legislation。But from the current practical status quo,Some disputes will inevitably involve sports management at the same time、Commercial Federation、Labor factors,completely identify it as sports、Commercial Federation、Labor disputes are not ideal enough,Disputes of athletes including work contract issues are this。For this,In the future arbitration practice,You can exercise your own jurisdiction through arbitration institutions、Judicial organs conduct judicial review and even legislative interpretation of legislative interpretation,Accumulated case experience,Gradually clarify the scope of arbitration。

On the other hand,Do a good job of connection with domestic and foreign sports disputes。Domestic side,The Domestic Single Sports Association shall adjust and improve its charter as soon as possible,Provisions after adapting to repair,Clarify the jurisdiction of the Sports Arbitration Commission,Protect the right to apply for sports arbitration。At the same time,Reasonable use of the "Sports Law" regulations on encouraging sports organizations to build internal dispute resolution mechanisms,Design efficiency、Transparent solution agencies and procedures。Future,Development of the practice of sports arbitration,It does not rule out that the sports organization gradually simplifies the internal dispute resolution mechanism,The possibility of handling sports disputes directly by the Sports Arbitration Commission。International aspect,The Sports Arbitration Commission must fully consider the provisions of international sports and autonomous rules in the case trial,Active and international sports dispute resolution agencies at the jurisdiction of the case、Laboratory effects and other aspects of cooperation、Communication,It is also necessary to pay attention to when the unreasonable bet365 best casino games acceptance case of the international sports dispute resolution caused the case caused by the conflict of jurisdiction and ruling,Methods through exercise of self -tailor jurisdiction,Actively respond,Maintaining national sovereignty。

  (The author is the deputy dean and professor of the School of Law of Fuzhou University) 

 

 

 

Editor in charge: Cui Bohan
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