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The Study Of The Fundamental Legal System Of Chinese Sports Association

Posted on:2013-02-04Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z L ZhangFull Text:PDF
GTID:1116330374450135Subject:Humanities and sociology
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The reform of China's sports associations facing Diachronic and Synchronic multiple issues that need the whole system reform and design. Therefore, the paper use of literature consultation and comparative method to study the fundamental problems of sports associations about the legal subject, property, autonomy and regulation as well as the legal requirements in the folk and our laws are incompatible, and draw some preliminary conclusions.(1)Legal Subject:In this paper, the purpose of classification of public welfare and mutually beneficial, legal person and non-legal person form as the basic classification. The current set up mode limits the acquisition of its legal status, sports associations should adopt the dual model of "Criterion doctrine" and "license doctrine". The set up procedures should adopt both the registration system and record-keeping system. At the same time the standards of legal person should reduced. When the sports associations to separate, merge or dissolve, the protection of "public property" should be strictly. When The sports associations dissolved, the remaining property of mutual beneficial sports associations can be distributed, but the public welfare sports organizations should transfer its remain property in the principle of "most similar" to similar organizations.(2)Property system:Under the character of "Governmental-Civil Dualism", the nature of the property of sports association should be public property. Analysts believe that the category of "public service property" should be increased, public service property and jointly owned property is the essential attribute of the sports association property. In order to regulate the Profit-seeking behavior of sports association, the "Income-use criteria" and "Related purposes standards" should be used to the public welfare and mutual beneficial associations. At the same time, The "automatic model" and "reporting model" should be used to public welfare and mutual beneficial sports association to give tax breaks. (3) Autonomy system:Sports Associations autonomy has dual attributes of both "rights" and "power". Its autonomy "rights" is the basic rights of associations. The power of associations has more meaning, so the administrative trust and administrative authority are not the source of the autonomy of sports associations, It can only come from the transfer of members of association. The power of sports associations can be simple division rule-making power and executive power, and the latter also include the power of discipline punishment and dispute resolution. China's sports associations should establish the internal governance mechanisms include authority, represent and executive agencies. The right of association members is an independent private right, including common benefit rights and mutual benefit rights. Sports associations of the different nature, its members also have different rights.(4)Supervision system:The character of "Governmental-Civil Dualism" let the administrative supervision ineffective, social supervision failure and judicial intervention difficult play a joint role, Therefore leads to deceitful march of ball, gambling, black whistle and corruption frequently. The low rank of the supervision law, the supervision system in not going well, and supervision content inappropriate resulting in the coexistence of intervention excessive and the absence of regulation are the main reason. It should establish the new system according to the principle of protection of the rights, purpose undertaking management, statutory regulation and the agreed regulatory combing, classification regulation and multi-regulatory. Administrative supervision, social supervision and judicial oversight combination is the basic requirements of the new system.
Keywords/Search Tags:sports association, subject qualification, property, autonomy, regulatory
PDF Full Text Request
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