关键词: 《体育法》, 实证研究, 法理反思, 体育法庭, 中国式体育法治现代化

Abstract:

The empirical analysis of the time series, case types, citation clauses, trial procedures, and results of 150 court applications of the Sports Law showed that the overall number of cases in China after the Sports Law was applied was relatively small but showing an yearly increase trend. Civil cases accounted for the vast majority. Imbalanced citation of legal provisions, with disputes over judicial and arbitration jurisdiction became the focus. The vast majority of cases did not enter the substantive court proceedings. There was a need for specific description of “what the current situation was” and a further exploration into “why the current situation existed” from a legal perspective. In fact, there were legislative flaws in the legislative content and technology at the legislative level, as well as insufficient demonstration of judicial fairness in the “different judgments for the same case” and “closed-loop” resolution of judicial disputes at the legal implementation level. Although the Sports Law attempted to solve these problems, it still could not meet the new requirements of the Chinese path of rule of law of sports modernization. In the future, a holistic view of sports legislation and judicial linkage should be established, detailed rules for corresponding systems in a timely manner at the legislative level in accordance with the Sports Law be formulated, supporting systems and legislative operability be promoted, targeted judicial interpretations and guiding cases at the judicial level be provided, establishment of specialized sports courts or tribunals be established so as to ensure the judicial fairness, and promote the stable and far-reaching Chinese path to rule of law of sports modernization through the reshaping of sports legislation and justice.

Key words: Sports Law, empirical research, legal reflection, sports court, Chinese path to rule of law of sports modernization