论文部分内容阅读
近年来,随着我国体育事业的繁荣与发展,体育纠纷也不断增多,进而引起了学界对于体育社团与运动员因管理等行为引发的法律纠纷的高度关注。但是,由于我国法律对体育社团的法律地位定位不准,很多纠纷被排除在司法救济之外,当事人的合法权益得不到有效保护,这既阻碍了我国体育事业的继续繁荣与发展也不符合人权保障理念。鉴于体育领域的内部救济途径公正性难以得到有效保障,因此就需要司法权力的介入,这也是法治国家法治原则的必然要求。然而,司法力量的介入方式以及介入程度又成为一个关键且难以把握的问题。
In recent years, with the prosperity and development of sports in our country, there are more and more sports disputes, which has aroused great attention of academia to legal disputes caused by management and other behaviors of sports clubs and athletes. However, due to the misjudgment of the legal status of the sports associations in our country, many disputes are excluded from the judicial relief, and the legitimate rights and interests of the parties are not effectively protected. This not only hinders the continuous prosperity and development of the sports industry in China, Human rights protection concept. In view of the fact that the impartiality of the internal remedies in the field of sports can not be effectively guaranteed, the intervention of judicial power is required, which is also an inevitable requirement of the principle of the rule of law in a country ruled by law. However, the way in which the judiciary powers to intervene and the extent of intervention become a crucial and intractable problem.