On The Nature And Legal Status Of The Chinese Football Association

Chinese Football Association (CFA) is often referred to as an experimental field in Chinese sports reform, it is a social organization as popularization of football and a management. Throughout the development and the establishment of the CFA, it is consistent with the pace of reform, as the pioneer of the sports reform in China, it has not all been plain sailing in the sports laws and regulations. Review of the reform and development of CFA, it is nearly a historical reform and development in Chinese sports reform.CFA is a social organization with the status of a legal person with government public power, how it was built and how it operates, how to control the power by law, these questions constitute the core of the problem of CFA. This article is a case study of the legal subject status of the CFA, do not expect the dominant position of the CFA’s legal to do abstractly, conclusive annotations are not allowed to do this because of the object of the study. The crux of the problem lies not in the Legal Subject to the CFA to a conclusion, but rather to reveal the complete picture of the status of the legal subjects through analysis and demonstration, and reveals the relationship of the relevant factors, and showing their own and each other the dynamic of the truth. After decades of efforts, with the help of Chinese government and relevant departments, the CFA internal management system has been built, it did make considerable progress, but its own legal position is not clear enough, the legal system is not perfect, coupled with the lack of legal and regulatory, leading to the "fake gambling black". At present, the legal status of the CFA is still unclear, and its negative effects have been exposed, academia and even civil discussion of the CFA also has never stopped contradictions and disputes, such as the power relations of the Football Association, soccer between the members of the club the Settlement Mechanism, the Football Association of Administrative Litigation main qualification. Therefore, it is imperative clearly that the position of the administrative subject of the CFA, demonstrated by the administrative authority under the perspective of public services as well as special power relationship analysis, and then explore ways to improve the legal management of the CFA long-term development of the Chinese football, even the construction of the socialist legal system contribution.This paper has four parts:firstly, I will expound the establishment and development of the CFA, to show the CFA internal structures and external management shortcomings, put forward clearly to the importance and significance of the CFA as an administrative subject.The second part of the thesis, by studying the perspective of public service under the administrative authority and special power relationship to analyze the nature and legal status of the CFA, further argues that the CFA is a competent administrative subject. The third part, I introduce of Changchun Yatai Football Club v. the case of the CFA, the analysis of the CFA as its own legal status is unclear, lack of supervision, internal corruption continued outside in the exercise of its power, at the same time, with the members of the club disputes are not properly resolved, the legitimate rights and interests of the members of the club cannot get protection.The fourth part is to show the introduction of extra-territorial Football Association management experience, to explain why CFA caused so many problems and put forward the idea to found the CFA legal management approach, mainly from the clear CFA’s administrative subject position, according to China’s national conditions to establish a system of arbitration for sport, draw the allocation of the terms of reference of the football management to promote the reform and development of the CFA management system.