Study On The Principle Of Field Decision Non-reviewed By Law

People get a lot of fun from sport. In the sports world, people find passion, indomitable spirit and spirit of team work and fair competition. It is can be said that sports world is a pure land for people to project their pure emotion. However, the existence of the principle of field of play decision non-reviewed by law is going against the spirit of fair and justice.Principle of field decision non-reviewed by law is constantly applied by courts and arbitral tribunals when they are encountered with cases involved with field decision. This principle has played a positive role in maintaining normal order and definiteness of competition result. However, if we studied deeply, we may find much nonsense of it. Firstly, although this principle has been applied for many times, its definition is not clear, nor can it be found in other research papers. Secondly, in author's opinion, the formation of it is because of the sports organizations'administrative right over sportsman. Cases involved with field decision problems appeals frequently, so the sports organization take advantage of its dominant position, and make this principle, with the purpose to solve this problems once and for all. It is rude and unreasonable, because it sacrifice the right of sportsman, who is the cornerstone of the sports world, and it is also go against the spirit of fair and justice. Especially, when the whole world is heading for democracy and constitutionality, but the sports world is moving towards autocracy. Cases that the sports organization restraint the sportsman's right happen again and again. This is a dangerous phenomenon. History tells us that autocracy can not solve problems thoroughly; it only leads to an eruption. This paper is going to analyze this principle from the aspects of jurisprudence, system and definition. And prove that this principle is unreasonable, it should be perfected, at last of this paper, the author offer some advices of completion.