“Lex Sportiva”之流与源

Origin and Source of "Lex Sportiva"

"Lex Sportiva"研究已经成为体育法学研究的热点领域之一,但对它的涵义和渊源等一些基本问题的研究还存在不足,以致影响了该领域的研究进程。文章对"Lex Sportiva"的词义及其源与流进行了初步探讨。认为:"Lex Sportiva"一词并不是由Matthieu Reeb所创造,而是由萨马兰奇先生及国际体育仲裁院的创建者们在国际体育仲裁委员会(ICAS)成立之前所创造;虽然"Lex Sportiva"的词义在学界还存在分歧,但"Lex Sportiva"是"全球体育法"已经被大多数学者所接受;文章还对"Lex Sportiva"的历史渊源、法理渊源、本质渊源进行了尝试性探索。

The research on ＂Lex Sportiva＂ has become one of the hot spots in the field of sports law. But the study on its meaning and origin is still insufficient, which has affected the research progress in this field. The paper discusses the source and origin of ＂Lex Sportiva＂. The conclusion is that the word ＂Lex Sportiva＂ was not created by Reeb Matthieu, but by Mr. Samaranch and the founder of the Court of Arbitration for Sport before the establishment of CAS. Although there is still a divergence about the meaning of ＂Lex Sportiva＂, yet it has been accepted by most of the scholars as the global sports law. The paper also explores the historical origin, legal origin and the essence of origin of ＂Lex Sportiva＂.