我国体育仲裁体系归属的立法体例研究

Study of the legislative principle for which system the sports arbitration in China belongs to

《体育法》对体育仲裁予以原则性规定,但由于其配套法律制度的缺乏,使得体育仲裁在我国并未真正建立。已有的观点认为我国的体育仲裁不能纳入我国的仲裁法律体系。在分析基础上,认为强制性并不是体育仲裁的特性,体育仲裁符合一般仲裁的基本属性,主张将体育仲裁统一到我国的仲裁法律制度体系之中,并由全国人大常委会制定《体育仲裁法》。

The Sports Law has specified sports arbitration in principle. However, sports arbitration has not been actually established in China due to the lack of a legal system that matches it. Some people considered that the sports arbitration in China cannot be admitted into the arbitration law system in China. On the basis of analysis, the author considered that mandatory is not a characteristic of sports arbitration, and that sports arbitration is in conformity with basic attributes of general arbitration. In the author＇s opinions, sports arbitration should be unified into the arbitration legal system in China, and the Sports Arbitration Law should be established by the Standing Committee of the National People＇s Congress.