主办单位:成都体育学院
ISSN 1001-9154 CN 51-1097/G8

Journal of Chengdu Sport University ›› 2019, Vol. 45 ›› Issue (6): 27-32.doi: 10.15942/j.jcsu.2019.06.007

• SPORTS SOCIAL SCIENCE • Previous Articles     Next Articles

Empirical Study on Judicial Application of Sports Law: Style, Function and Legal Logic

ZHANG Jian1,2   

  1. 1.Jilin University School of Law,Changchun Jilin 130012
    2.Jiangsu University School of Law,Zhenjiang Jiangsu 212013
  • Received:2019-03-26 Online:2019-11-15 Published:2019-12-25

Abstract: Examination of legal judgments reveals that the Sports Law has been applied to judicial practice since it was promulgated in 1995. Legal judgments based on the Sports Law involve civil, administrative and criminal cases, among which the former two types are in the majority. The judicial application of the Sports Law is unbalanced in time, court level and region. There are two types of quotation mode: the fuzzy application and the direct application. In terms of function, the Sports Law plays the roles of claim, value declaration, procedural jurisdiction and substantive norms in court judgment. On the whole, the quotations of the Sports Law in judicial judgments have not only the general characteristic of court judgments, but also the unique characteristic of the Sports Law. The judicial application is not only an important index to test the legislative effect of the Sports Law, but also provides a window to observe and prefect the Sports Law.

Key words: The Sports Law, court, function, quotation

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