| With the successful convening of the Fourth Plenary Session of the Eighteenth Central Committee,the legal construction of China has ushered in a new era.Being a crucial part of China’s sports undertakings,solving sports disputes legally and effectively spring from its establishment.Still,problems regarding how to govern sports industry by law occur.At present,the definition of the scope of sports disputes is vague.Compared with general legal disputes,sports disputes are more complicated.If sports disputes are not defined clearly,confusion can occur in the application of law in practice.In addition,the lack of timeliness and legal solutions to sports disputes has hindered the rule of law in China’s sports industry.This article applies multipal study methods:literature analysis,logical deduction,comparative studies,and case studies.Processing from general sports dispute to the concept of internal sports dispute,the author,as an introduction,elaborates the categories of internal sports disputes,its key features,and the international relief framework of it.The purpose is to have a preliminary understanding of internal sports disputes.Next,by introducing the current situation of the legal settlement of internal sports disputes,it illustrates the existing problems in solving internal sports disputes.The ultimate goal is to establish the internal sports dispute resolution method in our country.From perspectives of legalization,law enforcement,judicature,and administration,the article demonstrates some current issues of internal sports disputes with a possible solving system.For example,the main way to solve the internal sports disputes is the sports associations,but sports associations do not have fairness and legitimacy.Besides,attributed to the singularity of legal means,and the deficiency of supervision,the arbitration mechanism clearly mentioned in the law is not yet established.It is fair to say that our country has not formed an effective way to solve internal sports disputes.This article begins with an argument of the necessity and the feasibility of a reformation in the problem-solving system of the inner sports dispute.Then,In view of the existing problems,it further puts forward the basic framework for improving the exsisting internal sports dispute resolution.This article draws the followingconclusions:1.The study of sports dispute should be specified into lucid scopes.This paper aims for the study of internal sports dispute,illustrates its categories and features,and further argues that the difference between internal and external sports disputes lies in whether individuals involved can obtain relief through judicial approaches or not.External sports disputes can be solved through general judicial channels,so it is not necessary to study them in this article.Because internal sports disputes are different from general legal disputes,special systems are needed to regulate them.2.There is a necessity of founding a tailored dispute resolution system.The necessity appears when comparing domestic resolution mechanism with that of some foreign countries,which has well-established resolution and relief systems for inner sports dispute.Not only for the globalization of China’s sports undertakings,but also in order to adapt in the domestic ballooning legalization and modernization,a resolution mechanism should be ready.3.In order to better solve the internal sports disputes,Many suggestions has been put forward.Firstly,we should establish the principle of exhaustion of internal remedies and standardize the behavior of sports associations.Secondly,we must to amend the provisions of the Sports Law quickly and to establish the sports arbitration system so as to make the provisions operable.Thirdly,we should establish judicial supervsion mechanism and improve the law enforcement level of law enforcement officers.Finally,a systematic and hierarchical solution is formed based on the remedy of sports associations,with sportts arbitration as the main and judicial approach as the supplement. |
