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Research On ADR Mechanism Of Sports Disputes In China

Posted on:2020-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:C X TianFull Text:PDF
GTID:2416330572968712Subject:Law
Abstract/Summary:PDF Full Text Request
At present,sports around the world tend to be commercialized and socialized,which has led to more and more disputes related to sports.If all sports disputes are brought to court,this is not only bad for the development of sports,but also burdens the judicial department.To this end,a considerable number of foreign countries have established alternative sports dispute resolution mechanisms.However,China still lags behind in this respect,which eventually leads to many sports disputes not being well resolved.Therefore,combining the ADR mechanism with sports will be a good solution.Sports has a very strong professionalism,so the ADR mechanism of sports disputes is also very professional,but this does not affect the introduction of the ADR mechanism into the track of sports disputes,because the ADR mechanism of sports disputes has civil non-litigation.Then the general ADR mechanism can provide a theoretical basis for the ADR mechanism of sports disputes.In addition,the actual operation of some foreign sports dispute ADR mechanisms can also provide some practical basis for China's sports dispute ADR mechanism.At this stage,the resolution of sports disputes in China mostly adopts self-reconciliation,internal resolution of sports associations,mediation and ruling of administrative departments,and litigation.Among them,the internal resolution of sports associations is the main way to solve sports disputes at present.However,the organization of sports industry associations in China often has irregular solutions,and the competent authorities,arbitration institutions and courts have unclear jurisdictional boundaries,plus the law.According to lack,it ultimately affects the credibility of the processing results.At the same time,once the sports disputes are brought to the judicial department,this not only wastes a lot of judicial resources,but also causes the parties and athletes to suffer losses.This not only widens the distance between China and international standards,but also seriously hinders China's sports.Healthy development of the cause.It is imperative to solve various types of sportsdisputes in a timely and effective manner and to construct a reasonable sports dispute ADR mechanism in China as soon as possible.The ADR mechanism of foreign sports disputes provides a model for the ADR mechanism of sports disputes in China.Furthermore,the Confucian ideology and culture in China also provides a fertile ground for the construction of ADR mechanisms for sports disputes.Under the premise of China's relevant laws,this paper has constructed a complete set of ADR mechanisms for sports disputes.
Keywords/Search Tags:ADR mechanism of sports disputes, sports undertakings, judicial resources
PDF Full Text Request
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