On The Judicial Regulation Of Sports Association Autonomy

With social changes and changes in government functions,sports associations have assumed more and more important functions.In the past,only the internal autonomy of sports organizations has highlighted its disadvantages.The autonomy of sports associations belongs to social power.The assignment of members' rights and the national legal authorization are the basic components of the autonomy of sports associations.The autonomy rules and association regulations are the main forms of the autonomy of sports associations.The effective exercise of the autonomy of sports associations and the protection of their members' rights all require the current judicial regulation to determine the relief path and make corresponding adjustments.The full text pays close attention to the actual situation in China.Through exploring the dilemma of judicial regulation on the autonomy of sports associations,it further discusses the diversified ways of judicial regulation,and finally discusses the specific rules of judicial regulation.Sports associations are non-profit social organizations that citizens reach an agreement voluntarily and manage independently through a unified organization in order to achieve the common wishes of their members.Sports associations have the following six characteristics:first,at least two members know each other;Second,they have the same hobbies.The third is positive interaction.The fourth is to participate in the activities in a unified way.Fifth,qualified rules and regulations within the organization are consciously observed by members.Sixth,the members of the society have the sense of companion.Self-government of associations refers to the conduct of self-management or self-governance of internal affairs according to industry rules or internal regulations.Sports associations use autonomy to manage their members.In order to protect the interests of members and restrict the abuse of public power in case of disputes,they must provide rights relief opportunities for members whose rights have been infringed.Justice is based on calm and rational thinking.The development and guidance of judicial regulation of association autonomy is desirable and a response to reality.The first problem to be solved in judicial regulation is the type of disputes over the autonomy of sports associations and the form of litigation to be chosen when disputes arise.The autonomous functions of sports associations mainly include service and management.The management type can be divided into compulsory and non-compulsory types.Administrative litigation or civil litigation can be chosen according to different types of disputes.In addition,judicial regulation should be diversified.Litigation is only one way.Appropriate introduction of other regulatory forms,such as court-attached mediation,can effectively divert cases and improve the efificiency of judicial regulation of sports associations' autonomous disputes.After the completion of the macro-structure to discuss the specific regulation of judicial regulation,considering the particularity of sports associations,the judicial review is mainly aimed at the legality and procedural review of internal regulations or industry rules.Judicial intervention should also be strictly in accordance with legal provisions.Disputes should have legal actionability and jurisdiction.In addition,the autonomy of associations should be respected and internal relief procedures should be exhausted.Disputes involving purely competition rules should not be accepted.Judicial regulation should strictly abide by the principle of taking the social public interest as the starting point and the attribution point,and give definite regulation opinions to promote its further good development after fully considering the characteristics of sports associations themselves and the maturity of the autonomy of sports associations in our country.