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The Plural Remedy Mechanisms for Sport Disputes: In International and Comparative Law Perspectives (Abstract of PhD graduation thesis)

 
 The nature of the sports associations is firstly analyzed in the national part because in most of the sports disputes it is one of the parties and it has its own dispute relieving mechanism. In the author’s view the relations between the sports associations and its member are mainly the relations of service, benefit representation and administration. The sports associations acquire their power from the following three ways: the authorization of national law, the entrustment of government and contract or de facto contract. The associations regulations whose effect derives from the autonomous power of the sports associations have something to do with and are also different from the national lawsand they are likely to get the same compulsory and binding force as national laws by the national recognition and protection in the modern world.
 
 Then an analysis of some striking sports disputes currently in China’s sports field is made, the China’s football taken for example. In this part the substance is mainly examined. Basing on the present management system of Chinese football, the author thinks that the Chinese Football Association is a mass organization as legal person as well as a social intermediary organization, and it can be not only a civil subject but also a public administrative one authorized by laws and regulations, in all, its legal nature is multiple which requires different analysis in different cases. As to notorious problem with the black whistle which means the judge takes bribe and gives a prejudice and unfair judgment it can be construed as crime of accepting bribes in the author’s opinion, of course the most scientific way is to add a crime of accepting bribes of social association’s member to regulate it. The author thinks that the punishment the Chinese Football Association gives to its subsidiaries is an act of public administration and the party who is not satisfied can bring an administrative action in the court, but in practice the attitude of the courts is too conservative. The judicial intervention should certainly be limited to some degree; for example, it must be subject to the exception of technical matters, the exhaustion of internal remedy, the priority of the arbitration agreement, etc. If the judiciary intervenes the sports disputes as it pleases the autonomy of the sports organizations will be damaged. According to the author’s opinion the football fans can bring the civil action against the false ball in China, seeking the remedy measures stipulated in the Consumer Protection Law, and the dispute arising from whether an interview is permitted between the Chinese Football Association and the press medias is an ordinary civil one not an administrative one.


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