Research On The Difficulties And Countermeasures Of The Construction Of Sports Arbitration System In China

The absence of China ’s sports arbitration system leads to a large number of competitive sports legal disputes to other dispute settlement channels and other judicial channels.Due to the functional positioning and implementation limitations of other dispute solutions,it is difficult to effectively adjust legal disputes in competitive sports,and China’s sports arbitration system should be established and improved.In the context of diversified dispute resolution mechanism,clarifying the functional positioning of different dispute resolution channels such as sports association internal relief,sports arbitration system relief and judicial relief is the obj ective premise of the establishment of sports arbitration system,which depends on the improvement and effective operation of different dispute resolution methods themselves.It should s Sports arbitration should should be clear The concept of degree,from the legal level,legislation,judicial practice and the functional connection of the existing dispute settlement methods,discusses the problems existing in the construction of the sports arbitration system and puts forward targeted solutions on this basis,which is reflected in the content level of the sports arbitration system.The main research conclusions are as follows:First,based on the theory of sports autonomy and diversified dispute resolution mechanism,the legitimacy review of the internal relief procedures of sports association is the logical premise for the establishment of sports arbitration system;second,clear the particularity of sports arbitration in legal nature is the legal basis for system construction;third,through secondary The competition of the Sports Law is the legislative basis for the construction of sports arbitration system;Fourth,clarify the division of labor and supervision of judicial and sports arbitration,and determine the way and boundary of competitive sports on the basis of establishing sports arbitration system.The institutional setting of the Sports Arbitration Department shall be established by the Beijing Arbitration Commission.The principles of sports arbitration include the principle of due process,the principle of post-judicial supervision and the principle of giving priority to sports autonomy.In terms of specific arbitration rules,based on the Arbitration Act,to establish a Like arbitration procedure,expedited adjudication procedure and dispute resolution procedure,clarify the procedure diversion and functional coordination between the three procedures,establish the list system of guiding arbitrators in the selection of arbitrators,and establish the corresponding assessment standards.