奥运会运动员参赛资格的法律问题研究——以cas特别仲裁机构判例为视角-research on legal issues of olympic athletes qualification to participate in competitions - from the perspective of the case law of cas special arbitration organization.docxVIP

AbstractEligibility of athlete in Olympic Games was the traditional concept in the Sports Science, while with the high institutionalization and standardization of Olympic Games since these years, more and more concepts in Sports Science have been absorbed in the research scope of international sports law, which is redefined in the cross discipline between sports science and the science of law. Eligibility is the typical one.The essence of Eligibility is a kind of right of competition other than the common sense of “right” in the jurisprudence. The paper is referred to the theory of title in the international law to find the essence. In the background of “competi ng title”, according to the development of jurisprudence, author sets out the review of “the right of competition” from the theory of “old” entitlement to “new” entitlement. In the view of it, the paper will bring out the basic concept of this research: “d isputes of eligibility” and “eligibility system”, including the meaning and classification of disputes of eligibility, the feature of eligibility system and so on, which is the appropriate connection of theory and practice in this subject.Court of arbitration in Sports (CAS) ad hoc court is the most authoritative judicial body that settles the disputes in Olympic Games. The latest practices indicate that CAS is still used to announce awards in the way of “one by one analysis” in the more and more complicated disputes of eligibility, however, from the further study of those awards, author finds that awards of CAS have been the tendency of assimilation and unification in the application or explanation of rules. The paper will sum up the Case jurisprudence with the comprehensive discussions in the approach of jurisprudence and Legal Hermeneutics. This will become the main theoretical basis in the awards of eligibility, and put forward the new eligibility system.The problems of eligibility of athlete in Olympi c Games featured very largely in the development