The Research On Regulation Of Administrative Law About Power Of Chinese Football Association

Nowadays every trade organization plays an important part in his own field; moreover, it tends to being the only management subject instead of the government. Chinese Football Association (CFA for short) as a director in Chinese football takes big effect in its development. However, the Football Corruption Case at the end of 2009 exposes the loopholes of its internal power regulation. Officials abuse their power, making CFA an umbrella for gambles and frauds against punishment; which not only sets back the development of Chinese football, but also causes serious harms to the whole society. Meanwhile, the power abusage also encroaches the legal rights of the constituent, including clubs and sportsmen. This article shall be divided into 4 parts excluding introduction and conclusion, in which the author tries to elaborate the rights of the CFA and its administrative regulation.In introduction, the author states his research background, current research status and the research meanings etc.In the first part, the author informs us the power of the CFA and the source of the power. At the beginning of this part, the theoretical and contemporary background of the formation of CFA's management status is clearly stated. Besides, the author makes us clear that in the relationship between CFA and its constituents, CFA bear the task of serving, benefit-representing and of course, administrating. Then follows the details of CFA's management function. In the end, the author analyzes the source of CFA's power and the nature of it. CFA's power not only comes from the endowment of the law, but also comes from the association's statute whose nature is social and therefore shall be regulated by administrative laws.In the second part, the author analyzes the current situation of CFA's power-regulation mechanism in which there are four main problems. The first is relevant laws are faulty; the second is power endowment is not democratic; the third is internal management is chaotic; and the last is judicial supervision is poor. Through the analysis of loopholes of the mechanism, it is hoped that in the following pages the effective solution will be drafted.The third part is a comparison, introducing the European football associations'power-regulation mechanism as the reference. It is found that in European countries no matter it is Common Law or Civil Law, the common they has on regulating and supervising the associations'power is that they both lie their regulation and supervision on the basis of thorough legal provisions. Through implemented rules and procedural conditions,both laws regulate the associations'behaviour on how they can use their power; and they, through judicial remedies, guarantee the realization of power-regulation.The forth part probes into the completion of the of the CFA's power regulations, in hope of completing the CFA's right controlling by aiming at its present defects, utilizing valuable external experience and combining internal practical situation. The administrative regulations of the CFA's power should, based on the laws and guaranteed by the judicature of the court and the administrative regulations of the CFA, enforce both the status of self-discipline and media supervision, expand the function of self-discipline organization, perform the function of self-discipline, coordination as well as checks and balances, so as to format an efficient, coordinative and containment system with multi- organizer and multi-structure for the CFA's power regulations.In the final part, the author emphasizes the regulation of power for the FA should be found on the basis of respect for FA's autonomy, and we should also pay attention to the degree of FA's power regulation.