Theoretical Restatement and Path Selection of the Judicial Review System of International Sports Arbitration
REN Chao;YANG Hui yuan;
The autonomous management of sports organizations is the premise and foundation for the efficient development of sports.International sports organizations have established extensive self-regulatory frameworks to manage sports activities autonomously.The private law order formed within sports organizations demonstrates inherent advantages in efficiency and specialization.Out of respect for the private law order based on the autonomy of sports,national courts have also exercised restraint and modesty in the settlement of disputes in this order.They recognize the role of international sports arbitration as the ultimate safeguard in sports dispute resolution.However,in the context of increasing commercialization and politicization of sports,there also exist situations of private law failure in international sports arbitration as a dispute settlement mechanism in the private law order,which will inevitably lead to the intervention of the public law order,introducing national judicial review.In this way,the basic rights of the vulnerable parties and participants in organized sports activities in the settlement of sports disputes are guaranteed.In the practice of judicial review in various countries,the courts,as the representatives of the public law order,have set a benchmark for international sports arbitration on the basis of adhering to the principle of "minimum intervention",and this has affected the system improvement of international sports arbitration in return.Based on this experience,China should establish a judicial review system on international sports arbitration which can not only protect the interest of parties involved in the settlement of sports disputes in China and of the nation,but also adapt to and respect sports autonomy.
CAJViewer7.0 supports all the CNKI file formats; AdobeReader only supports the PDF format.