体育仲裁的目标价值取向探析——对我国体育仲裁立法的原则指引

A Research on the Value Goals of Sports Arbitration——A Direction for the Principles of Legislation of Sports Arbitration in ChinaLIU Su

秩序、效率、公正是体育仲裁的三大价值目标。本文试图通过对这三大价值目标概念的阐释,每个价值目标与体育仲裁法律关系的考量,三大价值目标位阶性的辩证分析,透视出三大目标价值在我国体育仲裁立法中的核心位置。从而启示我国在体育仲裁立法时应依三大价值目标为根本取向和基本准则,在此导向下,对我国的仲裁立法提出原则和制度上的建构。

Order, Efficiency and fairness are the three value goals of sports arbitration. The author of this article attempts to get a clear picture of the core position of the three value goals in the legislation of sports arbitration in China through an explanation of the notion of the three value goals,a measurement of the legal relationship between each value goal and sports arbitration and a dialectical analysis of the three value goals by periodic scales. It is suggested that China should regard the three value goals as its fundamental and essential principles in its sports arbitration legislation, propose the principles of legislation and construct the system under the guidance of the abovementioned principles.