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Disgussion On The Legal Status Of China's Sports Associations In Admistrative Subjects

Posted on:2011-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:R M HuFull Text:PDF
GTID:2166360305979287Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
People can not resist natural attraction of the "gold", just as the enormous profits brought by China's thriving sports in general. Thus, more social problems about this area will cause the public's attention. With the development of China's sports career so far, the current sports administrative system a common problem emerged as guide locks, that problem is we are unable to break through the traditional political system. And sports associations also can not escape the dilemma of the current community development.Our community is mode of the government's choice; community management is also led by the government. In this mode, because the Government's rationality is limited ,and the power is concentrated, and they monopoly the profit-maximizing, our society is currently facing a range of issues, such as the lack of a comprehensive legislation to protect, leading to the real number of spontaneous association becoming the illegal thing, even the existing relevant laws have limited the tendency of the community development ; such as the management mode of the government to the community ,once had been the choice of the current national conditions, now not get the reasonable exercise of the government, and the self-community is suppressed seriously; such as the current disputes that a lot of organizations can not have access to effective judicial remedies, resulting in the final barrier deletion, of the protection of the rights ;such as the own poor self-management ability of the community, and the so-called profit-making purposes is to become a cover to seek illegal interests.China's sports associations and government departments have the same organizations at present .This fully demonstrates that the authority of the government control and cover sports areas, and the deviation between their social self-management and the functions of public–management lead to the disorder ,such as the phenomenon of corruption ,and specifically the voice of discontent has not stopped. From the 2002 football proceedings to the 2008 Wuhan Optical Valley Club, the event has aroused the public's widespread attention as well as legal scholar's debate and discussion. The roots and solution of these problems is waiting for be re-excavated .This article attempts to explore the roots and looking for the source of the right in administrative law perspective,, so we can clear the legal status of China's sports associations in the administration, and from practical problems find the development way of sports associations, with a view to promoting the healthy development of China's sports undertakings.Firstly this article analyzes the survival and development of our sports associations, focusing on the problem of the unclear basic status. Secondly, China's sports associations will be analyzed from the grasp of the macro perspective of them, including the environment of the international sports associations and the basic domestic institution. In the third section, we discuss the source of the power on public administration to power executed by the sports associations, study whether they are administrative body and analyze the meaning of establishing the status. Finally, the dual identity for the sport associations arise the confusion about the nature of community penalties, so the nature need a basic confirmation .From internal and external aspects the public power for sports associations will be controlled ,and we focus on that how the judicial department intervene the public power acts of sports associations, in order to solve their disputes of China's sports associations on the public-management power and to promote other sport disputes in the good evolution.
Keywords/Search Tags:sports associations, acts of public authority, the status of administrative body
PDF Full Text Request
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