国际体育仲裁院与“Lex Sportiva”的发展研究

A Study of the Court of Arbitration for Sport and "Lex Sportiva" Development

在体育运动全球化的进程中,大量涌现的体育纠纷对建立体育领域国际纠纷机制提出迫切的诉求,国际体育仲裁院(the Court of Arbitration for Sport,简称CAS)应运而生。国际体育仲裁院经过二十几年的发展,其权威性已得到广泛认可,由国际体育仲裁院提出的"Lex Sporti-va"也得到了快速的成长。国际体育仲裁院是"Lex Sportiva"的形成基础和发展动力,也是"LexSportiva"规范稳定性的保证,二者具有不可分割的联系。国际体育仲裁院通过内部秩序的一般化、一般法律原则的适用与发展、特殊规则的创造、先例形成普通法、上诉程序普遍化和统一化等原则形成"Lex Sportiva"。依据一般的法律发展规律和趋势,"Lex Sportiva"将伴随着国际体育仲裁院的发展而成长,其发展将走判例法制度与法典编纂相结合的道路,国际体育仲裁院在"Lex Sportiva"的发展中始终担任重要的角色。

In the process of sports globalization, the sport--related disputes emerge in multitude, which refer to urgent demands for the establishment of international sport disputes resolution mechanism. The Court of Arbitration for Sport right moment. With more than twenty years of （hereunder referred as the CASt was horn at the development, the authority of CAS has acquired widespread recognition, and the concept of Lex Sportiva, which was put forward by CAS, are growing rapidly. CAS is the formation basis and development motivation for Lex Sportiva, and it also serves to guarantee the stability of the rules of Lex Sportiva. The connection between them cannot be intersected. CAS creates Lex Sportiva by means of generalizing its internal order, applying and developing the general law principles, creating the special rules, forming the Common Law with precedents as well as generalizing and unifying the procedure of appeal etc. In accordance with the general development pattern and tendency of law, Lex Sportiva will mature following with the development of CAS. The path for the development of Lex Sportiva will be featured as the combination of Case Law System and law compliation. CAS will always play an important role in the development of Lex Sportiva.