| The powers, such as settling disputes within sports association, which arise from special acknowledgment, by members of sports association, to relevant powers of sports association, are characterized as"special power"of sports association. However, the determination process of such non-governmental organizations is not transparent, and its internal remedial channel is not free from obstruction. Thereby, incorporating the functional duty of non-governmental organization such as sports association into the scope of judicial review has not only ground in theory, but also some references to judicial practices of other states in practice. This thesis comprises three parts: first part concentrates on basic research on such issue and elaborates on the legal quality of sports disputes and sports association, and relationship between autonomy of sports association and judicial intervention. In combination typical cases in connection with judicial intervention in sports disputes in U.S.A and China, and taking four largest ball leagues in U.S.A and China Football Association as an example, the part 2 and part 3 make an introduction to situation about judicial intervention in disputes within sports association in U.S.A and China. As the key point in the whole thesis, part 4, through referring to some precedent cases abroad on such issue, puts forward some concept on perfecting internal dispute settlement mechanism within Chinese sports association and judicial intervention in sports disputes. This paper intends to solve the following problems: 1.advantage comparison between sorts of sports disputes settlement mechanism; 2.relationship between autonomy of sports association and judicial intervention.The writer maintains: besides confirming conducts related to special power the sports association possesses, some unique features of such conducts shall not be ignored. Whereas autonomous organizations such as sports association have some unique features, when judicial power intervenes in the internal disputes within such associations, examination shall follow looser standard than that of administrative conducts prudently. On one hand, it shall be strictly followed that judicialdepartments have authority to intervene in internal disputes within sports association and make a judicial review towards internal verdict within sports association. On the other hand, exercise of judicial intervention shall be confined to some principles. Under this principle, the research on such issue shall not only absorbs advanced legislation experiences, but also combine economic development and actual situation of our country, especially taking account of legal operations in practice. |
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