中文体育类核心期刊

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中国高校百佳科技期刊

LIU Yun. Preliminary Construction of Arbitration for Sport in China——Based on the Arbitration Right of Athletes in CAS Arbitration System[J]. Journal of Shanghai University of Sport, 2017, 41(5): 49-56. DOI: 10.16099/j.sus.2017.05.008
Citation: LIU Yun. Preliminary Construction of Arbitration for Sport in China——Based on the Arbitration Right of Athletes in CAS Arbitration System[J]. Journal of Shanghai University of Sport, 2017, 41(5): 49-56. DOI: 10.16099/j.sus.2017.05.008

Preliminary Construction of Arbitration for Sport in China——Based on the Arbitration Right of Athletes in CAS Arbitration System

  • Court of Arbitration for Sport (CAS) in Lausanne provides alternative dispute resolution services, including the arbitration trials, for the International Olympic Committee, the International Sports Federations and individual athletes, etc.; but its organizational structure seems difficult in reaching the procedural justice and substantive justice.Therefore, the arbitration system in CAS has greatly damaged the rights and interests of the athletes.The Chinese arbitration system should be established for the purpose of maintaining the continuity of sports competitions, protecting the legal rights of athletes as well as the pursuit of procedural and substantive justice as the goals.The system design should ensure the rational design of the arbitration organization structure, the balance of the judicial infiltration.And it should also comply with the wills of the parties, take into the account of efficiency, respect the reasonable expectations and ensure the full participation of the parties involved in the trial.It then will boost the arbitration procedures and results to achieve "access to justice" and promote the "governing sports by law" as well as the orderly development.
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