Research On Disciplinary Sanction System Of Chinese Football Association

Disciplinary sanction is the punishment and correction of violations of rules and disciplines in sports.It is a necessary mechanism to ensure the orderly operation of sports organizations and systems.It is also an important part of the study of sports law.Based on the theoretical knowledge of sports law,this article comparatively studies the rules of disciplinary punishment such as FIFA,analyzes the current situation of disciplinary punishment of the Chinese Football Association(CFA),systematically summarizes the disciplinary sanction system to form a systematic structure,and uses the formed theory to analyze typical cases and put forward constructive ideas.This paper mainly adopts research methods such as literature data method,field survey method,case analysis method and expert consultation method.This research focuses on analyzing how sports disciplinary sanction works in practice,highlighting the interpretation and resolution of practical problems,and providing empirical supplements for the study of domestic sports disciplinary sanctions.The CFA's disciplinary sanction system consists of eight main aspects: basic principles,scope of application,limitation period for prosecution,initiation of disciplinary proceedings,hearing procedures,evidence systems,route of remedy and enforcement procedures.The scope of application is football-related activities under the jurisdiction of the CFA,including domestic leagues,cups and other events.The limitation period for prosecution is two years for common infringements,while infringements relating to threats,forgery and falsification,doping and violations of fair play are not limited to two years.There are two ways of initiation of disciplinary proceedings: by request or ex officio.The current hearing procedures are flawed,without explaining the scope of the hearing,the matters to be notified,the composition of the hearing staff,the rights of the participants in the hearing,whether legal representation is allowed,and the hearing process.There are various types of evidence,and various types of evidence can be used as the basis for sanctions.In practice,the burden of proof regarding disciplinary infringements rest on the CFA disciplinary committee.While for cases with both parties,any party claiming a right on the basis of an alleged fact shall carry the burden of proof of this fact.The standard of proof in the disciplinary sanction procedure is between civil and criminal,and comfortable satisfaction with a certain flexibility is applicable,but the level of the standard depends on different infringements and the parties.At present,there is only one way of remedy,which is to appeal to the CFA Arbitration Committee,and lack of external relief such as external arbitration and judicial intervention.Penalties involving suspensions may be relatively complex to implement,and attention should be paid to suspensions across seasons,events,and associations.In view of the four problems in the disciplinary system of the CFA,that is,the non-standard legislative procedures,the imperfect hearing system,the non-protection of the parties 'relief rights,and the lack of flexibility in the punishment method,this article makes four constructive suggestions.First,make the rule-making process more standardized and ensure that the legislation is open,democratic,scientific,and harmonized.Secondly,improve the hearing system,including clarifying the scope of the hearing,giving the parties the right to apply for hearing,allowing legal representation,and making the hearing process more detailed.Thirdly,safeguarding the parties' right to remedy,including specifying the remedy method on the disciplinary decision,and appropriately expanding the scope of review of the appeal.Finally,it is recommended that the CFA Disciplinary Committee learn from FIFA's new reform direction and consider the specific requests of the parties before making decisions.