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Discussion on How to Build a Unified Arbitration System in Chinese Competitive Sports

Author: ZhangYiZhou
Tutor: WuZhenWen;LiYanZuo
School: Hunan Normal University
Course: Physical Education and Training
Keywords: Competitive sports unified arbitration system legalconsideration
CLC: G812.3
Type: Master's thesis
Year: 2014
Downloads: 1
Quote: 0
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Abstract


Currently, competitive sports arbitration system is recommended in all countries to solve dispute in competitive sports. At present, China has not yet formed a unified sports arbitration institutions, also did not establish a complete system of sports arbitration. This paper makes some theoretical discussion on the necessity and feasibility of our country’s competitive sports arbitration system and related hot topics based on China’s actual national condition, so as to contribute to set up our own uniform arbitration system of competitive sports at an early date in China.This article tries to analyze and argue with the method of case analysis, comparative analysis and other research methods from the angle of law. This article is mainly composed by4parts:The connotation of the unity of competitive sports arbitration system in China, analysis of the necessity to build the unified arbitration system of athletics sports of our country, analysis of the feasibility to build the unified arbitration system of athletics sports of our country, analysis of building China’s competitive sports arbitration system unified pattern. This paper first analyzed through four levels:the arbitration system, sports arbitration system, arbitration system of competitive sports and unified competitive sports arbitration system, then led to the connotation of the competitive sports arbitration system in our country, which highlights the importance of "unity" in this paper. Then this paper analyzed the necessity of building unified competitive sports arbitration system in China through4angles: the needs to get in line with international standards, reaching the professional level, the present deficiency in China’s competitive sports arbitration system and protecting the rights of counterparts. Then this article analyzed the feasibility of building unified competitive sports arbitration system in China in three aspect:unity of law demands, legislative fulcrum function of "sports law" and the function of the "arbitration law". Finally, through the reference of foreign competitive sports arbitration system, the article put forward the idea of building China’s competitive sports arbitration system in the aspect of nature, organization, membership, personnel, procedures, scope of accepting cases, and so on.Results:In order to promote the level of legalization of Chinese competitive sports, and to improve China’s competitive sports dispute settlement system, and to be geared to international standards of arbitration legal system of competitive sports, it is urgent to establish unified competitive sports arbitration system in China. When compared with other ordinary arbitration mechanism in the scope of arbitration, the arbitration, the arbitration procedures, effectiveness, sports arbitration has its own uniqueness. Here, what we should pay special attention to is that the Chinese competitive sports arbitration system must be qualified in competitive sports and activities of sports dispute settlement mechanism, but not in the school sports or social sports dispute resolution. Moreover, at present in our country, we have competitive sports arbitration, but lack of a unified standard. When deal with disputes in the association federation, for the most part is given priority to solution within the industry association, which there was no idea of "unity", and is easy to lead to controversy. Therefore, to build unified competitive sports arbitration system in China, we must make sure to reflect "unified" two words.

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CLC: > Culture, science,education, sports > Sports > The world of sports > China > Sports system
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