On The Perfection Of The Defendant System In Administrative Litigation Of The Chinese Football Association

The question of whether the Football Association can be a defendant in administrative litigation has already existed.In 2003,the Changchun Yatai Club filed an administrative lawsuit against the Football Association.At that time,the Administrative Litigation Law did not recognize the qualification of the Football Association as a defendant.Today,after a lapse of 17 years,the Administrative Procedure Law and its judicial interpretation have revised the administrative litigation status of industry organizations,stipulating that as long as the Football Association exercises the authorization of the law and the competent administrative agency,it can perform administrative actions in its own name and become Eligible defendant,but since the 2017 Administrative Litigation Law was amended,courts across the country have still not accepted a complaint about the Football Association.The reason is no longer that the Football Association is simply not qualified as a defendant,but that the Football Association exercises autonomous rights.Rather than the management power granted by law,it is still not an administrative act.The author believes that the reasons for this embarrassment are not only the inaction of the judiciary,but also the deficiencies of the legislation.Relevant laws do not clearly stipulate which powers are granted to the Football Association to be exercised on their behalf,and which rights belong to the Football Association’s autonomy.As a result,the Football Association is nominally under government management and judicial supervision,but in fact it is still exercising monopoly powers under the protection of the "halo" of autonomy.This article starts with the "Baoding Yingli case" and raises three questions and analyzes them one by one.This article mainly starts from three parts: the source and characteristics of the power of the Football Association,the legal nature and positioning of the "Articles of the Football Association",the connection between the internal settlement of the Football Association disputes and the external administrative litigation,and attempts to clarify the administrative litigation status of the Football Association.Improving the administrative litigation defendant qualifications of industry associations such as the Football Association will not only help protect the legitimate rights and interests of the counterparts,but also promote the Football Association and other industry associations to better perform their social functions,and will also be of great benefit to the further improvement of the relevant theories of administrative authorization.