关键词: 体育组织, 规则, 决定, 审查

Abstract: The massive doping problems in Russia caused a series of consequences. Because of the suspension on the Russian Olympic Committee by the International Olympic Committee (IOC), Russian athletes must go through a specially established IOC invitation procedure to participate in the Pyeongchang Winter Olympics. Upon review, the Ad Hoc Division at the Pyeongchang Winter Olympic Games of the Arbitration Court for Sport (CAS AHD) found that the procedure has a legal basis and had been properly implemented. However, the procedure actually sets up a special eligibility rule: Russian athletes who had been found to commit an Anti-Doping Rule Violation were not eligible to participate in the Pyeongchang Winter Olympics. The rule, however, might have violated the legal principle of ne bis in idem. Nevertheless, CAS AHD failed to fully exercise its power of abstract review, resulting in failure to provide proper remedies for Russian athletes. Sports governing bodies should carefully exercise their autonomy in rule-making and decision-making, and fully consider the legitimacy and rationality of rules and decisions. In addition, China's existing external review mechanism for decisions and rules made by sports governing bodies has the defects of homogenization and lack of independence, and is not conducive to the protection of athletes' rights and interests. Therefore, an operational sports arbitration system should be established as soon as possible.

Key words: sports governing bodies, rules, decisions, review