论中国体育仲裁制度的内容特色与实施展望

On the content characteristics and implementation prospect for the sports arbitration system in China

我国体育仲裁制度的构建既顺应国际体育仲裁的发展趋势,也体现了中国的特色,具有职权主义与独立运行双向并行、效率取向与公正取向动态平衡、体育自治与司法介入有机统一、国内法治和涉外法治统筹推进等亮点。但是,我国体育仲裁也存在仲裁独立性有待进一步完善,仲裁范围有待进一步澄清,与其他纠纷解决方式衔接有待进一步加强,与国际体育仲裁的协调需要进一步明确等缺憾。为推动我国体育仲裁制度更好落地实施,需要进一步确保体育仲裁的独立性,明确复合型体育纠纷的管辖适用,厘清“在竞技体育活动中发生其他纠纷”的条款含义,完善体育仲裁与体育组织内部纠纷解决机制以及国内法院救济机制的衔接,明确与国际体育仲裁的管辖划分以及特定争议能否上诉至国际体育仲裁院等问题。

The construction of Chinese sports arbitration system not only follows the development trend of international sports arbitration,but also reflects the characteristics of China,with notable domestic highlights such as parallelism between ex-official and independent operation,dynamic balance between efficiency and justice orientation,organic unity between sports autonomy and judicial intervention,dynamical interaction between voluntary and compulsory arbitration,and integrated promotion of domestic and foreign-related rule of law.However,there are also some shortcomings in Chinese sports arbitration,such as the independence of arbitration needs to be further improved,the scope of arbitration needs to be further clarified,the interface with other dispute resolution methods needs to be further strengthened,and the coordination with international sports arbitration needs to be further clarified.In order to promote the better implementation of sports arbitration in China,it is necessary to achieve the organizational independence and rule-making autonomy of Chinese sports arbitration institutions as soon as possible,assure the jurisdictional application of composite sports disputes,clarify the meaning of the clause"other disputes arising in the course of competitive sports activities",improve the relationship between sports arbitration and internal dispute resolution mechanisms of sports organizations and domestic courts,and also clarify the jurisdiction of international sports arbitration and whether specific disputes can be appealed to the court of international arbitration for sport.