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自治是行业自律的表征,开放是国家法治的需要。自治性与开放性使体育解纷程序表现出内、外两种形态。内部救济程序在结构和形式上的天然缺陷必须通过外部程序进行法治矫正而不能自我封闭,体育行业应当步出行业自治以接近正义,这是行业法治的必然要求。必须在行业自治与程序法治之间确立一个合理界限,并以“穷尽内部救济原则”作为衔接行业自治与外部程序的技术性规则。
Autonomy is a sign of self-discipline in the industry. Opening up is the need of the country’s rule of law. Autonomy and openness make sports dispute resolution procedures show both internal and external forms. The natural defects in the structure and form of the internal remedy must be rectified by the outside world by law and can not be closed by itself. The sports industry should step out of the industry autonomy to approach justice, which is a necessary requirement of the rule of law in the industry. It is necessary to establish a reasonable boundary between industrial autonomy and procedural rule of law and use the principle of “exhaustive internal relief” as a technical rule linking industrial autonomy and external procedures.