The Research Of China Sports Arbitration

With the growing comprehensive national strength, China has achieved great progress on its undertakings of physical culture and sports, becoming an important player in the world’s sports stage. After the 2008 Beijing Olympic Games, China is recognized as a major sports country internationally. Sport is becoming more professionalized domestically and its exchanges with foreign countries are becoming increasingly frequent. In this connection, sports disputes are rising significantly in China recently. How to properly settle the sports disputes based on fairness and efficiency? How to set up effective sports disputes settlement mechanism? These questions have attracted broad attentions from the mass sports participants, sports experts and scholars. In contrast, the current channels for sports disputes settlement are limited to litigation and are confined within the sports circle. China has not brought in the common practice of international sports arbitration and also has not set up special law for sports arbitration either. As a result, the existing sports disputes settlement mechanism is unable to meet real needs, which impedes the development of China’s undertakings of physical culture and sports to some extent.Based on this, in order to ensure the sound and stable development of China’s undertakings of physical culture and sports and follow the international trend of sports disputes settlement mechanism, the author suggests that China should deal with and settle sports disputes in a more open and active attitude, and set up a sports arbitration system quickly, so that the benefits of this system such as high efficiency, convenience, high confidentiality, low cost, etc. can be leveraged. This is necessary not only for the development of sports socialization and internalization, but also for the rule of law in sports. In this paper, the main methods of sports disputes settlement in China at present are observed first. Then an in-depth analysis of shortcomings in the existing domestic sports disputes settlement mechanism is carried out. Later, the necessity and feasibility of setting up a sports arbitration system are analyzed from a legal perspective. At the same time, through lessons from International Sports Arbitration Court and sports arbitration experience of some major developed countries, based on the comprehensive national conditions, the author puts forward several suggestions on the establishment of sports arbitration system, which include the basics such as organization, the scope of litigation, procedure design, judicial supervision. Besides, the position and function of the little-touched method of mediation in sports arbitration is analyzed, aiming to bring some benefits to the establishment of sports arbitration system in China.