赛场判罚不予审查原则辩析

The Analysis and Debate of the Principle of the Play Decision Nonreviewed by Law

作为体育仲裁中的一项基本原则,赛场判罚不予审查原则已经在体育仲裁院的判例中得到了确认。可是对赛场判罚不服而向CAS提出仲裁申请的案件却从来没有停止过,这是因为赛场判罚不予审查原则本身就是不合理的;不公正的、错误的赛场判罚侵害了运动员的根本利益;赛场判罚不予审查原则客观上充当了"黑哨"的保护伞角色。通过对赛场判罚不予审查原则的辨析,试图论证体育仲裁院在对待赛场判罚这一问题的态度是有问题的,体育仲裁院应该坚持与时俱进,完善赛场判罚不予审查原则。

As one of the basic principles of sports arbitration,CAS has conformed its position on the principle of not review the field of play decision in its presedents.However,there still many aplications involved with field of play decision are filed to CAS.The reason is that this principle itself is unreasonable,and unequal,wrong field of play decisions violate the foundamental interets of players,what＇s the worse,the principle of not review field of play decision objectively act as ＇protective umbrella＇ for ＇black whistle＇.By differentiating and analyzing the principle of not review field of play decision,this paper tries to prove that it is wrong for CAS adopt such attitude towards field of play decision.CAS should keep up with the times and perfect the principle of not review field of play decision.