论赛场判罚不予审查原则
发布时间：2018-07-29 11:36
【摘要】：体育带给了人们无穷的乐趣,在体育世界里,人们可以找到激情,顽强拼搏和团队协作的精神以及公平竞赛的理念。可以说体育世界是人们在市场经济社会中寄托纯真感情的一片净土。但赛场判罚完全不予审查的做法,却与体育的公平公正精神相违背。 赛场判罚不予审查原则是法院或仲裁庭在处理与裁判判罚有关案件时经常适用的一个基本原则,该原则在保证体育比赛的正常秩序和维护体育比赛结果的确定性方面,有一定的积极性作用。但如果仔细研究该原则,就会发现许多不合理之处,首先,虽然赛场判罚不予审查原则已经被反复适用,但赛场判罚是什么,为什么不能对赛场判罚进行审查,这些问题以往的法院判决书和仲裁裁判书并没有给出明确答案,理论界也没有界定。其次,文章作者认为,该原则的行成是建立在体育组织对运动员的管理权之上的,而运动员因对赛场裁判罚不服而产生的纠纷是纠纷产生的重灾区,体育管理者企图通过牺牲运动员的权益,而一劳永逸的解决此类纠纷。该原则是极其霸道与蛮横的,体育组织利用其管理者的超然身份,无视运动员的权益,这与体育组织促进体育发展和维护运动员利益的宗旨是不相符的,与公平正义的体育精神也是相背离的。特别是要引起注意的是在整个世界都在向民主法治迈进的时候,体育世界却一步步走向了专制与独裁,体育组织限制运动员权利的情况屡有发生,这是相当危险的,历史告诉我们暴力和蛮横不能从根本上解决纠纷,只会导致纠纷的大爆发。本文分别从法理角度、制度角度以及概念角度对赛场判罚不予审查原则进行分析,论证了该原则存在诸多不合理之处,认为绝对的坚持赛场判罚不予审查原则是不应该的,应当对该原则进行完善,本文最后提出了完善该原则的建议。
[Abstract]:Sports bring people a lot of fun. In the world of sports, people can find passion, the spirit of hard work and teamwork, and the idea of fair play. It can be said that the world of sports is a pure land in which people in the market economy society ascribe pure feelings. However, the practice of not censoring the field is contrary to the spirit of fairness and fairness in sports. The principle of non-review of court decisions is a basic principle frequently applied by courts or arbitral tribunals in dealing with cases related to the adjudication of decisions, which guarantees the normal order of sports matches and maintains certainty in the results of sports competitions, Have certain positive effect. However, if we carefully study this principle, we will find that there are many unreasonable points. First, although the principle of non-review of court decisions has been repeatedly applied, what is the penalty in the field and why can't it be reviewed? These questions have not been clearly answered in previous court judgments and arbitration decisions, nor have they been defined by the theorists. Secondly, the author thinks that the principle is based on the management power of the sports organization to the athletes, and the disputes caused by the athletes' disagreement with the referee and punishment are the most serious areas of the disputes. Sports administrators attempt to settle such disputes once and for all by sacrificing the rights of athletes. This principle is extremely domineering and outrageous. Sports organizations take advantage of their transcendent status as managers and ignore the rights and interests of athletes, which is incompatible with the purpose of sports organizations to promote the development of sports and to safeguard the interests of athletes. It also deviates from the spirit of fair and just sports. In particular, we should pay attention to the fact that while the whole world is moving towards democracy and the rule of law, the sports world has gradually moved towards autocracy and dictatorship, and sports organizations have repeatedly restricted the rights of athletes. This is quite dangerous. History tells us that violence and insolence can only lead to a great outbreak of disputes. This paper analyzes the principle of non-review of penalty from the angle of legal theory, system and concept, and proves that there are many unreasonable points in the principle, and holds that it is not right to insist absolutely on the principle of not reviewing the penalty on the court. We should perfect this principle, and finally put forward some suggestions to perfect it.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D997.1
[Abstract]:Sports bring people a lot of fun. In the world of sports, people can find passion, the spirit of hard work and teamwork, and the idea of fair play. It can be said that the world of sports is a pure land in which people in the market economy society ascribe pure feelings. However, the practice of not censoring the field is contrary to the spirit of fairness and fairness in sports. The principle of non-review of court decisions is a basic principle frequently applied by courts or arbitral tribunals in dealing with cases related to the adjudication of decisions, which guarantees the normal order of sports matches and maintains certainty in the results of sports competitions, Have certain positive effect. However, if we carefully study this principle, we will find that there are many unreasonable points. First, although the principle of non-review of court decisions has been repeatedly applied, what is the penalty in the field and why can't it be reviewed? These questions have not been clearly answered in previous court judgments and arbitration decisions, nor have they been defined by the theorists. Secondly, the author thinks that the principle is based on the management power of the sports organization to the athletes, and the disputes caused by the athletes' disagreement with the referee and punishment are the most serious areas of the disputes. Sports administrators attempt to settle such disputes once and for all by sacrificing the rights of athletes. This principle is extremely domineering and outrageous. Sports organizations take advantage of their transcendent status as managers and ignore the rights and interests of athletes, which is incompatible with the purpose of sports organizations to promote the development of sports and to safeguard the interests of athletes. It also deviates from the spirit of fair and just sports. In particular, we should pay attention to the fact that while the whole world is moving towards democracy and the rule of law, the sports world has gradually moved towards autocracy and dictatorship, and sports organizations have repeatedly restricted the rights of athletes. This is quite dangerous. History tells us that violence and insolence can only lead to a great outbreak of disputes. This paper analyzes the principle of non-review of penalty from the angle of legal theory, system and concept, and proves that there are many unreasonable points in the principle, and holds that it is not right to insist absolutely on the principle of not reviewing the penalty on the court. We should perfect this principle, and finally put forward some suggestions to perfect it.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D997.1
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