美国职业体育兴奋剂纠纷仲裁及启示

American Arbitration of Doping Disputes in Professional Sports

在美国职业体育领域,职业体育联盟依托国家仲裁法、劳动法构建起自成一脉的兴奋剂纠纷仲裁制度,既维护联盟的自治,体现对职业运动员权益的保护,也满足严厉打击使用兴奋剂和兴奋剂纠纷解决对专业性、时效性的要求。目前我国职业体育联盟的反兴奋剂机制处于空白状态。基于美国经验提出启示:在裁决形式上,在职业体育联盟内部设立兴奋剂纠纷审查委员会;在裁决人员上,任命中立的审查委员处理兴奋剂纠纷;在裁决效力上,保证在联盟范围内具有终局性等。

In the field of professional sports in the United States,relying on the arbitration act and labor law,professional sports leagues have built up an internal arbitration system in its own way,which is as a solution of the disputes of doping,not only to maintain the autonomy of the leagues and protect the rights of athletes,but also to meet the requirements of severely striking on doping and to be specialized and efficient to solve those disputes.While the anti-doping mechanism in China has always been a gap,the American experience may give China the insights as follows:to build a regular ruling committee of doping dispute in professional sports leagues in term of the ruling forms;to appoint neutral committee members to solve the dispute in terms of the ruling people and to guarantee the finals within the leagues in terms of the ruling result.