Is Industrial Organization Subject To Judicial Review?

The "industrial organization" defined in this paper is not limited to the organizations established by enterprises and institutions who engage in the same industry but also include the professional organizations serve for the persons or entities who have the same profession. Notwithstanding the failure of bringing industrial organizations like the Football Association to the courts for judicial review, the members of such industrial organizations keep striving for judicial review of such organizations'decisions. As for the legal straits, the principal issue discussed in this paper will be could the industrial organizations be subject to judicial review. Therefore this paper will divided into four parts to discuss this issue.The first part will introduce administrative cases in respect of industrial organizations and the problems implied in those cases. First of all, brief introduction of related cases and opinions of parties involved. Then a summary of issues dealt with in this paper will be stated.The second part will focus in the issues concerning industrial organizations. The definition of industrial organization will be looked into at first, followed by analysis of similar definitions. The definition will be made through comparison between those similar definitions. Then relative definitions will be considered as to have a better understanding of the characteristics of industrial organizations. Finally the industrial organizations will be classified according to the public function criteria.The third part will look into the other jurisdictions like Germany, France and England. Although the common law system is different from Chinese legal system, the issue that whether the decisions of industrial organizations are subject to judicial review is similar to the one in China. The precedents and opinions of legal researchers will be introduced, which would be helpful for our analysis and understanding of our problem.The Fourth part is the most important part of this paper, which will discuss the principal issue that whether the industrial organizations in China are subject to judicial review. Current laws and regulations will be introduced and summarized to clarify the criteria adopted to decide whether a party shall be governed by judicial review. Furthermore, the suggestions for improvement will be stated. Finally, some issues which might cause confusion will also be analyzed.