Legal Thinking On The Administration Mechanism Of Unjust Arbitration In The Soccer Trade

As soccer is the sport that is the most socially influential and the earliest of all in China's sport items that has been reformed and made professional, problems that occur in the soccer area are not only problems of the trade, but to some quite large extent problems of our country's legal system construction and market economy system construction. Based on this recognition, the author selects one representation of soccer corruption, which is "unjust referee", as material and conducts analysis and thinking in the point of view of law, and puts forwards his suggestions. Chapter One"Unjust referee" is a general name for referees who, for the acquisition of unjust benefits or out of other intentions, break match rules intentionally, make wrong judgments and subsequently conduct unjust arbitration in the sport matches. The characteristics of "unjust referee" are: The principal part of unjust arbitration is referee; The unjust arbitration shows in conducts that referees ask for or accept illegally properties or other benefits of clubs, match participants or a third party when entrusted by China Football Association (China Football Administration Center) to judge China Soccer Super League, League A, League B, Local League or other matches, and intentionally provide favor for the party who has provided bribery, or out of other intentions make unjust judgments in the match; The subjective factor when a referee makes unjust arbitration is intentional; The unjust arbitration of the referee has caused obvious damage. There are three categories of "unjust referees": Referees that break relevant regulations and systems of the soccer trade association i.e. China Football Association; Referees that break administrative laws and regulations, including the sportadministrative laws and regulations made under entrustment or authorization of the State Council by the National Sport Chief Bureau, or administrative regulations solely made by the latter; Referees that break the Sport Law and relevant articles of the Penal Law of the People's Republic of China and subsequently constitute crimes. For these three categories of "unjust referees" the administration can be carried out in the aspects i.e. trade administration, administrative supervision & management, and criminal sanction. Chapter TwoThe restriction of power by power needs the aid of the restriction of power by the civic society, while trade associations are basic strength of the civic society, they should exert important role in this field. The essential feature of the trade association is autonomy. The autonomy rights of a trade association include regulations formulation right, non-legal punishment right, supervision and administration right, and disputes resolving right. Relying on trade associations, with their self-rule, the development of the trades can be facilitated, administration cost cut down and thus better social effects can be achieved. Due to incorrect orientation of the country on trade association and insufficient reform strength on administration organization system, the China Football Association is carrying out many functions of administration organization with the legal orientation of trade association. Its trade regulations and systems are not complete and subsequently its punishments on the "unjust referees" lack legal foundation and illegal in procedure. As trade association the CFA has many advantages as well as disadvantages, but all these advantages and disadvantages can not sufficiently lead to arrest of giving the CFA adequate self-rule status, so we must consider seriously on giving the CFA sufficient autonomy power. The improvement in China's soccer trade autonomy system canuse the soccer trade administration systems in foreign countries as example. By establishing and ensuring the autonomy status of the CFA and its local member associations, and by establishing and improving the interior administration system of the CFA and its members, we can improve China's soccer trade autonomy system. Chapter ThreeThe administrative supervisio...