Sports Disputes And Their Resolution Mechanisms From The Perspective Of Conflict Of Interest

Since China’s reform and opening up,sports disputes become more and more frequent along with the sports reform and the gradual development of sports market logic.The Effective solution of sports disputes is not only an urgent demand of ensuring the interests of all parties like athletes,coaches,referees,customers,sponsors,sports associations,but also the important content and intrinsic motivation of "govern the physical education according to law",which is a theoretical and practical topic about the sports development mode and direction in our country.The goal of the study is to theoretically construct sports disputes and settlement mechanism framework,while in practice,to provide policy and legal choice to improve and consummate sports dispute resolution in our country.This article interprets the intension and extension of sports disputes to clarify type system of sports disputes by the methods of Theoretical and Empirical Analysis,Isness and Oughtness Analysis,Vertical Analysis and Horizontal Contrast.The materials were collected by the methods of Documentation,Case Analysis,Interview and so on.The study analyzes the origin that conflict of interest in sports disputes based on and current situation of sports disputes settlement mechanism modes.The study discriminates the correlative and inherent relations of the different modes by contrastive analysis of the characteristic and problems.In accordance with the origin that conflict of interest and settlement mechanism problems based on,the countermeasures of improving sports disputes settlement mechanism are as follows:(1)To solve sports disputes,the key is to focus on the interest essence.Sports disputes are one kind of widespread social disputes,and the core is interests.The complex interest relationship network was composed by a number of interest-related subjects,involving athletes,coaches,referees,clubs,teams,sports association leagues,administrative subjects,sponsors,advertisers and so on.Sports disputes are the result of the interests of evolution.As the govenment transformed from the intervenor to the helmsman,the sports ognization transformed from the eligible dependant to self-organization,the athelete transformed from constructor and hero to employee and star,the confrontation of vested interests and contender for the interests came into being,resulting with sports disputes.The essence of sports disputes stem from a conflict of interests,while the social origin is system constraints.Primary sports disputes were born in the prossess of sports developement market logic and political sports development logic differentiation.(2)To solve sports disputes,in deep levels,is about the sports management.Sports autonomy,one of the three models,represented by sports arbitration is the basic means to solve sports disputes.However,the independence of sports associations and its arbitration department in China is difficult to guarantee,so that the way to resolve disputes is hindered by sports administrative monopoly,for instance,non-separation of government and associations,government and industry.The rule of law model is one of the effective means to control and solve the conflict of interests if autonomy means are all used.While the effect of disputes resolution is limited by shortage of judicial resources in our country,the high cost of litigation and opportunity.Collaborative governance with the core of government service and supervision can balance internal and external benefits of sports system.In China,disputes solution is stuck with the interests of public rights such as administrative licensing and approval.The private rights of players,clubs and other subjects are vulnerable.(3)To solve sports disputes,the improvement should start from three different levels.On the level of principle,protect "fair competition" and "fair trade".Coordinate the conflicts of interest in sports disputes through the improvement of the market competition rules to build "the fair competition order".In practice,the first step is to improve the mechanism of internal ADR with the guidance of interests.Coordinate ADR and judicial means to break the sports dispute interest’s barriers.Give priority to the advantage of sports arbitration to ensure the interests of sports autonomy function.After that,clarify the debatable character in law of the sports deputes,integrate with judiciary,and improve legislation.In the ethical aspect,the self-discipline of interest subjects is particularly important.Effective solution of sports disputes depends on the recognition and following of "on the forms of contract as the sports behaviors value connotation".