The Plural Remedy Mechanisms for Sport Disputes: In International and Comparative Law Perspectives (Abstract of PhD graduation thesis)
郭树理
【关键词】Sports Law, Sports Disputes, ADR
【全文】
Sports dispute is one of the common social phenomena all over the countries, the reasonable and effective resolution of which will be of great significance to guarantee the normal development of the sports. It is as well valuable to do the research into the resolution of the sports dispute for the extension of the inter-discipline lex sportive from the point of subject.
The general relationship between sports and law is firstly analyzed for the examination of the resolution of sports dispute in that most of the sports disputes are resolved under the legal frame. Both of them have a diversity of historical sources from their origination and some connections between them are determined by such common elements as their derivation from certain custom or taboo, the close relation between their origination and religion and war, the common historical process from custom to written rules of their modes of rule, and the like. What’s more, they also have some common characteristics from their basic elements—rites, tradition, authority and universality. Sports rules and legal rules, however, are not identical, for there are great differences in their objects regulated, their scope of application, their concrete contents and their formation and enforcement respectively. On the other hand, the appearance of sports legal rules is also the result of co-activity between sports rules and legal rules. It is a tendency to draw a separate code for sports according to the current practice of sports law legislation in some countries. The author puts forward a broad and plural conception of lex sportive, that is, the generalization of custom and usage created by the parties of sports themselves (including the sports associations) that are used to regulate the sports relationship between them. Such a kind of rules have the characteristics of plurality, autonomoty, professionality, internationality, culturality, traditionality and non-public enforciablity, some of which become part of national sports laws and regulations by the way of the process of national sports legislation and have the public enforciablity.
