关键词: 残疾人, 体育竞赛, 纠纷解决机制, 调解, 仲裁, 诉讼和解

Abstract:

The particularity of disputes in sports contest for persons with disabilities determines the diversity of their dispute resolution mechanism. This paper, employing the method of literature review and logical analysis, introduces three typical cases in the US, Australia and Japan respectively, investigates the dispute resolution mechanisms and their characteristics. The results suggest that if a dispute involves human rights and disability discrimination, the lawsuit conciliation is applied in the U S, the mediation mechanism is applied in Australia; and the arbitration mechanism is applied to sportsman qualification dispute in Japan. Based on a comparison of the dispute resolution practices in different countries, and exploration of the development trend, with reference to the status quo in China, the paper puts forward the following suggestions: improving the internal dispute resolution mechanism of sports organizations for both the disabled and the able-bodied; establishing sports dispute mediation institution and arbitration branches for persons with disabilities; and perfecting the lawsuit mechanism to promote the construction of the diversified dispute resolution mechanism, and protect the legitimate rights and interests of the disabled in sports contest effectively.

Key words: persons with disabilities, sports contest, dispute resolution mechanism, mediation, arbitration, lawsuit conciliation