The Research On Power Of Sports Associations And Power Control Of Administrative Law

This thesis is divided into six parts to discuss the power of sports association and the power control of administrative law.In the prologue and the second part ,the author mainly analyzes the basic information of the sports associations and the relation of administration between the sports associations and its member.The third part is very important in this thesis. In the view of the author, the sports association acquires its power from the association regulations. The power which is called the'social power should also be controlled by the administrative law.In the forth part (comparative part) an examination is made of the theories and practice of the sports associations' power control in the common law and the civil law countries . The universal trend emerging in the foreign countries is that they have very strict requirements of the substance and procedure of the internal disciplinary penalty mechanism of sports associations. Though the courts are cautious to hear the cases out of the sports dispute, it is an unarguable fact that there are more and more sports disputes litigations, Such conclusions also can be drawn from the above comparisons that the common law and the civil law countries have different judicial interventions with the sports dispute remedy, owing to the different legal theories and practice in the two legal systems.In the fifth part(national part), an analysis of the power control of China's sports associations is made, the China's football taken for example. The author thinks that the punishment the Chinese Football Association gives to its subsidiaries in the Yatai club case is an act of public administration and the party who is not satisfied can bring an administrative action in the court, but in practice the attitude of the courts is tooconservative. Otherwise, basing on the practice of foreign countries, a design is made to build a power control mechanism for the sports associations in China, judicial review as the center. Taking the Chinese Football Association for example, the author thinks the procedures of disciplinary penalty of sports associations should be improved in the avoidance , the advocacy and the hearing procedure, etc. As to the judicial review to the sports disputes, the author makes an analysis of its rationality and limit. The judicial review is very important, but the judicial intervention should certainly be limited to some degree; for example, it must be subject to the exception of technical matters, the exhaustion of internal remedy, the priority of the arbitration agreement, etc. Otherwise,The author thinks that the injunction is one of effective weapons for the parties in sports disputes litigations.In the last part of the thesis ,the author emphasizes that the power control of administrative law for the sports associations should differ from the government in order to keep the autonomy of the sports organizations.