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司法介入竞技体育纠纷的理论障碍主要在于体育纠纷解决自治原则,德日特别权力关系理论给该原则以理论支持,然而今天,特别权力关系理论已经势微,我国体育纠纷解决自治原则缺乏中立的体育仲裁制度保证,且其本身过于绝对,再加上我国现行体育社团内部解决机制因受体育行政权的制约而缺乏独立性。故应当确立我国竞技体育纠纷解决有限自治原则,并通过修改相关法律和章程、设立独立的体育仲裁机构和体育法院来实现。
The theoretical obstacle that the judicature intervenes in the competitive sports dispute lies mainly in the principle of the autonomy of sports dispute resolution. The theory of special power relations between Germany and Japan gives theoretical support to this principle. However, the theory of special power relations has been on the decline. The principle of autonomy in sports dispute resolution in our country lacks a neutral sport Arbitration system guarantee, and its too absolute, coupled with the internal sports community in our country internal settlement mechanism due to the constraints of sports administrative power and lack of independence. Therefore, we should establish the principle of limited autonomy in dispute resolution of competitive sports in our country and establish it by modifying relevant laws and articles of association, setting up an independent sports arbitration institution and sports court.