| How to seek a new management method of the athletics industry under the law frame and realize the autonomy is the current theoretical and real problem of our time, in particular in our country. In current China, the rule of law has already become the main melody, and the sports domain, especially the theoretical exploration with the athletics industry autonomy as the visual angle, not only strives for the legal practice realization, but also is the construction premise for the autonomy system of the athletics industry.It is the theoretical standpoint of this thesis to embark from the time background of rights to study the internal mechanism of rule of law and the athletics autonomy.The thesis is divided into six chapters. First, it lays the foundation and introduces the background related to the athletics industry autonomy, and concludes the definitions and characteristics of the athletics industry autonomy; Then it carries out inquisition into the theoretical resource of the athletics industry autonomy, and concludes three major theoretical resources of the athletics industry autonomy, namely, civil social theory, industry association theory and social group theory; Beginning from Chapter Three, it elaborates the principle conditions and criteria dependence of the athletics industry autonomy, as well as the self-government elements in the settlement mechanism of multiplex disputes, and it demonstrates by detailed analysis how to realize autonomy in the athletics industry: In the modern ideas and background of rule of law, the self-government is certainly limited. In Chapter Six, it probes into the relationship between the self-government limit and judicial intervention. Finally in the conclusion it forecasts and outlines the general development veneration of Chinese social athletics groups.Chapter One, Analysis of the Background Related to the Athletics Industry AutonomyThe athletics industry autonomy is based on our understanding of the athletics and the background of the athletics system reformation. Along with the deepening of the athletics practice, the physical education has surpassed the category of school education and become a kind of socialized activity. At present the administrative authority ownership of the athletics system adopted by different countries in the world may be generally be divided into three types: government-dominant type, society-dominant type and combination type. Our country started the athletics system reform in 1993, changed the original highly concentrated sports system that had depended purely on the state and managed the athletics mainly by administrative means under the planned economy system, established the well-circulating operational mechanism and the athletics system with self-development vigor regulated by the state, which fits the socialist market economy system, conforms to the modern sports rule and relies on the society, and formed a pattern that integrates the state management and social management, the centralization and decentralization. The specific reform measures are as follows: the association system is implemented for the athletics item management, advancing for association substantiation.Chapter II, Theoretical Resources of the Athletics Industry AutonomyAutonomy is the most essential demand for a trade association, so the trade association form adopted by a modern country in the management of athletics and the athletics industry is inevitably founded on the theoretical analysis of the trade association, therefore seeking its theoretical support is main content of this chapter. The civil society theory enlightens us mainly in the following ways: First, making a reorientation of the relationship between the country and the society; Second, how to orientate the existing form of the athletics industry. It is a concrete attempt for consummating the civil society theory to realize the actual athletics industrialization and cover other social domains besides the athletics sports with the sports spirit. The trade association is a kind of social economic organization form ubiquitous in developed market economy countries for the purpose of promoting the trade development and standardizing the trade order. About the trade association theory, we mainly pay attention to its related self-government source, namely, the authority root. Under the premise that the social group theory has inherited the characters of the civil society theory, we not only may see the valid operational mechanism that should be established internally to realize the athletics industry (in which, our omission of demonstration and logic analysis will not affect our reference), moreover, what is urgent for us is that we need to first design an ingenious system arrangement in the relationship with the country, thus we can not only consider our country's actual microenvironment, but also fully develop the particularity of the athletics career in order to merge into the current time spirit.Chapter Three, Principle Conditions of the Athletics Industry Autonomy The main body of the athletics industry autonomy, namely, the main force, is the social athletics groups of all kinds ubiquitous in the society. Plainly speaking, the social athletics organizations are the principle undertakers for realizing the athletics industry autonomy. The athletics industry autonomy of our country is mainly realized through the activities of social athletics groups. In summary, currently the social athletics groups in our country are mainly in the following types: 1, All-China Athletics Federation; 2, the Chinese Olympic Committee; 3, China Athletics Science Society; 4, Nationwide Single Athletics Association. The legal attribute of these athletics organizations is of the athletics trade organizations. As the main body of the athletics industry autonomy, a social athletics group mainly has the following authorities: 1, The authority to establish the self-government regulations of the athletics industry; 2, the athletics permission, authorization, and authentication authority; 3, the authority to manage daily business and organize competitions; 4, the authority to participate in the formation of the athletics industry development plan; 5, rewarding authority; 6, punishment authority; 7, dispute arbitration authority. The authority of a social athletics group mainly originates from two ways: one is the authority originating itself from the social athletics group, namely, the authority itself originating from the social athletics group is mainly acquired through the internal contract. The other is the authority acquired from outside the social athletics group, namely, the legal authorization way and the government entrusting way.Chapter Four, Standard Dependence of the Athletics Industry Autonomy Under the idea guidance of rule of law, the industry self-government should be restricted into the legal frame, namely, the law-guiding self-government. In the athletics industry domain, three stratifications of rules may come into vision. The first is the rules of the athletics items, the second is the self-government criteria of the athletics industry, and the third is the law. The existence of the athletics industry rules and the athletics industry autonomy criteria has made it possible for the athletics industry autonomy, and the athletics industry rules and the athletics industry autonomy criteria has created standard conditions for the athletics industry autonomy. Firstly, there is undivided connection between the origin and constituent elements of the athletics rules and the legal rules. The athletics rules and the legal rules share the same origin, with uniformity of the essential elements. The self-government articles of associations of a social athletics group refer to the rules and criteria formulated by the social athletics group to adjust the internal affairs of the athletics industry. All of the trade organizations of various countries have the authority to formulate the industry-wide policies or rules, including articles of association, professional standards, Profession Code of Ethics, or professional conventions and so on. The athletics laws and rules, created along with the progress of scientific culture when the athletics developed into a certain stage, are the reflection of the national will in the athletics domain, and also an integral part of the national law. Among the current athletics law of our country, a law and regulation group with Law of the PRC on Physical Culture and Sports with the core has been basically constructed.Chapter Five, Autonomy Elements in the Multiplex Dispute Settlement MechanismThe disputes in the athletics industry are multiplex, determining the multiplex dispute settlement mechanism. The athletics autonomy elements contained in the professional multiplex dispute settlement mechanism is an important manifestation of the self-government in the entire athletics industry. Athletics dispute have the following characteristic different from ordinary disputes: Firstly, The main bodies of the athletics dispute may have the equal legal status or unequal legal status. Secondly, the contents of athletics dispute are about the rights and obligations under the athletics law. Thirdly, athletics dispute have relatively specialized and technical. Fourthly, athletics dispute is multi-level. .Fifthly, athletics dispute problems are very open. Therefore, the athletics dispute settlement mechanism is also multi-level: including the athletics personal settlement mechanism, the athletics community settlement mechanism, the athletics society settlement mechanism (the athletics social settlement mechanism mainly refers to the dispute settlement mechanism that the social collectivity settles disputes on the basis of the rules acceptable to the society members), and the athletics arbitration settlement mechanism. In reality, the mostly widely adopted athletics dispute settlement mechanism is the athletics arbitration settlement mechanism, which manifests the self-government of the athletics industry. The self-government of the arbitration system is first manifested in that it is a kind of self-government of the will self-government arbitration system of the party concerned; next it is manifested in the establishment of the arbitration organization. The arbitration settlement methods of athletics dispute have an enormous superiority, which is mainly manifested in: 1. The party concerned has a relatively great self-determination authority in the procedure. 2. The arbitration procedure is simple and flexible in the method, with prompt dispute settlement. 3. The arbitration charge is low. 4. The arbitration is highly specialized and confidential.Chapter Six, The Relationship between the Athletics Industry Autonomy Limit and Judicial InterventionThe self-government in the absolute significance will cause a series of social risks, so there must be a limit to the self-government. Firstly it introduces the law foundation of the relationship between the athletics industry autonomy and the judicial intervention - -"the special authority theory relationship"and the revision theory."The so-called special authority relationship"refers to the relationship that according to the special law reason, with the special purpose in public law as the boundary, a party can control the other party, and the other party should also obey this kind of control. According to the traditional law theory, authorities such as the internal dispute settlement authority in the athletics trade organization belong to"the special authorities"of the athletics industry, which are based on the special recognition of the relevant authorities of the athletics trade organization by the athletics industry members. A kind of"special authority relationship"exists between the athletics trade organization and its members. However, how to provide relief when the trade organization damages the members'benefits in arbitration causes the revision to the special authority relationship. At present, the law practice of various countries has affirmed the litigation possibility of the special authority behavior of trade organizations. The integration of the authority behavior of non-governmental public organizations such as the athletics trade associations into the judicial examination scope, not only has a basis in theory, but also has the judicial practice of other countries for reference in practice and this conforms to the development tide of the contemporary government. Based on the investigation of the foreign law demonstration concerning the judicial intervention into the athletics industry as well as the current practice and development trend of our country, the particularity of athletics dispute and the settlement mechanism has resulted in that the censorship of the behavior can't be compared with the judicial censorship of administrative behavior. The jurisdiction intervention into this kind of behavior should be restricted to a greater degree. The judicial organ should be restricted by a number of basic principles when it carries out the judicial examination of punishment measures adopted by the social athletics group. We think that these principles should include: the technical item exception principle, the internal relief exhaustion principle, the arbitration agreement potency priority principle.Developing the social athletics groups energetically is the mutual choice of various countries in the world, developing the social athletics groups vigorously is a necessity for the harmonious society construction of our country, and developing the social athletics groups fully is an important guarantee for the further implementation of The Outline of the Whole Nation Keeping Fit Program. Our country, with a relatively low market economy, needs a long time to establish and consummate the operational mechanism of the social athletics groups. Therefore, we should develop the social athletics groups of our country unceasingly, starting from five mechanisms, namely, the self-government mechanism, the self-regulation mechanism, the incentive mechanism, the supervision mechanism and the guarantee mechanism.
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