On Sports Law and the Administrative Punishment Law of the conflict and its coordination

Paper Keywords: administrative penalties; administrative body; sports community groups
Abstract: the main body of sports administrative penalty, punishment based on disciplinary procedures and sanctions relief, and gave a preliminary discussion, especially for <<Sports Law>> and <<Administrative Punishment Law>> and resolved the conflict of Laws between to coordinate their views and put forward suggestions.

In the "rule of Law and building a socialist country ruled by Law," the country's ills, the administering body is an integral pArt of the rule of law in October .1995 <<People's Republic of Sports Law ", marking the beginning of China's sports undertakings into Administration, the rule of law the body of the new stage to further improve the sports law at the core of the supporting legislation, and gradually establish a legal system with Chinese characteristics, sports, sports has become a comprehensive strengthening of our legal system is an urgent task, but sports laws, regulations, rules and regulations inconsistent between the many, and even more in conflict with other laws. paper on the Sports Law and October 1, 1996 implementation of the conflict between the Administrative Punishment Law and Analysis of coordination to make a.

1, the main conflict of the administrative penalty and coordination
<<Administrative Punishment Law>> Article XV: "administrative penalties with administrative punishment by the administrative authorities in the implementation of the statutory terms of reference." Article XVII of the Act, "authorized by law to administer public affairs functions of the organizations within the statutory authority to impose administrative penalties. "visible to enjoy the right of punishment, including executive and administrative body of laws and regulations authorized by the organization. <<Sports Law>> Article 49 provides:" engaged in fraud and other sports disciplinary rules of behavior and sport from the sports community groups be punished in accordance with the Articles of association; of national staff in the persons directly responsible shall be given administrative sanctions. "sports section and the relevant provisions of the grant to certain social groups the right to administrative penalties. China's sports social groups of citizens to engage in sports activities to promote the development of sports, according to legal procedures voluntarily combination of various mass organizations, including various sports associations, Research, Society, Association, Association of Fund and so on. China's current national sports community organizations including the All-China Sports Federation, the Chinese Olympic Committee and the China Sports Science Society and national industry associations and sports sport associations.

Sports civil society groups as self-regulatory organizations, as authorized by law and enjoy some of the executive power, including the right of administrative punishment. Then sports social groups can be granted the right to delegate to other social organizations or individuals to exercise it? <<Administrative Punishment Law> > Article 18 stipulates: "the Administration in accordance with laws, regulations or rules, may delegate its statutory authority within the organization in line with Article 19 of this Law, the implementation of administrative penalties. administrative organs shall not entrust other organizations or individuals to impose administrative penalties." As a result, the administrative penalty the commission, is to exercise the right of administrative punishment has been the executive, administrative punishment according to law will be part of their delegation of authority to the organization, entrusted by the organization within the delegated authority to delegate administrative authority to impose administrative penalties on behalf of As the sports community groups than the state administrative organs, have no right to be granted the right to punish its commission to go out, only to personally exercise.

The need to explore is the sports community groups are legally entitled to punishment, then, China's sports Administration also enjoy sports whether administrative punishment? Careful analysis of the <<Sports Law>> Article 49 to Article 54, punishment, including the main sports social groups and public security organs, but not including sports Administration, sports Administration authorities only exercise its administrative powers within the staff. <<Sports Law>> Article 49, the "staff of the state directly responsible, shall be given administrative sanctions. "This right shall be given administrative sanctions are not sports social groups, but the state organs, including sports administration.

2, the penalty based on the conflict and coordination
<<Sports Law>> Article 49 and Article 50, engaged in sports and sports fraud and other violations of law rules of behavior or the use of banned drugs and methods, from the sports community groups be punished in accordance with the articles of association if in compliance with Article 51, fifty-two, 53 of the act, the public security organs in accordance with the relevant security regulations shall be punished, so sports sports law, including administrative punishment according to security regulations, and Sports social constitution.

The <<Administrative Punishment Law>> Article III provides that "citizens, legal persons or other organizations to conduct violated the administrative order shall be given administrative punishment in accordance with this Law by the laws, regulations or rules and regulations by administrative organs in accordance with this Law implementation of the procedures provided. no statutory basis or non-compliance with statutory procedures of administrative penalty is invalid. "9 to Article XIII of the Act were provisions of the law, administrative regulations, local laws, regulations and local rules and regulations of ministries and administrative penalties set be right, Article XIV of the Act clearly stipulates the following regulations and other normative documents shall set administrative penalties, which is by far China's legislation on the principle of legal reservation the most complete expression. is the principle of legal reservation, where a constitution, law matters can only be prescribed by law or by law, or must be expressly authorized by law, the executive has the power to develop their administrative specifications to be provided.


Obviously, "security regulations" are the laws enacted by the NPC Standing Committee, it can set any kind of administrative punishment, of course, the public security organs should be punished for its sports administration as the legal basis, however, whether the physical constitution of social groups with legal effect? ​​If so, a legal constitution, rules or regulations of which is it? because only the laws, regulations, rules and regulations have the right type of administrative penalty provisions, the content and magnitude, it can serve as a basis for administrative punishment. If the charter has no legal effect, then why the Sports Law sports community groups in accordance with the provisions of Articles of Association shall be punished?
We believe that sport is the social constitution of its internal code of conduct, it can only require the industry in violation of professional ethics and disciplinary action, no right to the content of administrative penalty provisions, such as the "PRC Law on Lawyers>> Article 40 Section two paragraph, Articles of Association of the Bar Association in accordance with law shall be punished or rewarded. 1996 All-China Lawyers Association executive director will develop the <<lawyers' professional ethics and disciplinary norms>> Article 38 provides that a lawyer for the violation of the Code, Bar Association constitutionally be punished. The constitution of social groups and sports bar association The charter of the same nature, can only dispose of the content provided, and the right content to be punished because of administrative punishment only by the laws, regulations and rules set. law-making body is the only NPC and its Standing Committee. regulations, including administrative regulations and local laws and regulations, the former only by the State Council, enjoy the right of local laws and regulations, including the development of provinces, autonomous regions and municipalities of the people's congresses and their standing committees, provinces, autonomous regions and the location of the city people's government and the State Council approved the larger cities National People's Congress and Standing Committee, and according to the NPC or the NPC Standing Committee's mandate as special economic zones of Shenzhen, Shantou, Zhuhai, Xiamen Municipal People's Congress and its Standing Committee. enjoy the regulation-making power, including wagons, directly under the body and the aforementioned enjoy the local laws and regulations of the National People's Congress the power to draw the same level government. social groups are not visible sports law, regulation, regulation-making power of the body, the formulation of the constitution can not be punished in the content, so sports law by the sports community groups by charter punishment is inappropriate, we recommend, the punishment should preferably be by the State Council or the State Sports General Administration of administrative rules and regulations in the form of regulations or administrative provisions, sports social groups only in accordance with laws, regulations, rules and regulations for punishment, but not punished in accordance with its Articles of Association .

3, disciplinary procedures and coordination on conflict
China's sports legal norms, lower level, and many have conflict, lack of overall structure of the interface and supporting. A sound law, if the arbitrary use of arbitrary procedures to perform, there could be no good results. A bad law, If you use a sound program to perform, can limit or reduce adverse effects of the law. China in the field of sports, especially football in this area, due to the lack of guarantees of due process, as well as a lot of controversy and disputes occur, which is not conducive to China's sports healthy development, so in the present stage, attaches great importance to sports administrative penalty procedures, and be strictly enforced, for the substantive rules of the sport to make up for deficiencies play an important role.

Of Administrative Punishment Law, the administrative penalty provisions of this Law shall be in accordance with procedures, non-compliance with statutory procedures, the penalty is invalid. Administrative Punishment Law of the disciplinary procedures, including summary, general procedures and hearing procedures. Summary for irrefutable facts and law and a legal basis for citizens sentenced to 50 Yuan for legal persons or other organizations impose a fine or warning thousand dollars below the administrative penalties in addition to the Administrative Punishment Law Article 33 of the summary procedure can be applied in other cases will have to apply general procedure. Administrative Punishment Law Article 42 also provides the most rigorous program hearing procedures. executive ordered to cease, permit or license, the larger the amount of fines and other administrative punishment decision, shall inform the parties have requested be held right to a hearing, the parties request a hearing, the administrative organ shall organize a hearing here is to be noted: first, the right to make administrative punishment including the right to punish not only the executive branch, including laws and regulations authorized by the organization. Second, where the "other" should be "loaded" instead of "within-" that in addition to the three cases specifically enumerated in the law, but also in other cases. Legislation should be an open system, the protection of citizens, legal persons or the legitimate interests of other organizations on the issue, should be in the future to expand the scope of application of administrative penalties to leave the hearing room. Links to free download http://www.hi138.com Sports Sports Act does not specifically provides administrative penalty procedures to be followed in making the punishment the general provisions of the Administrative Punishment Law. The public security organs or the sports community groups in an administrative penalty , shall inform the parties made the decision of the facts, reasons and legal basis, and inform the parties shall enjoy the right to meet the statutory conditions to be informed of their right to request a hearing, and to seriously listen to the counterpart of the statement and defense, not heavier penalties for the parties to defend themselves in sports in particular should pay attention to the administrative penalty hearings procedures, we propose the development of sports by the State Sports General Administration Rules for the Implementation of administrative punishment hearing process, because the sport has a strong industry specificity, and the general punishment large, relatively easier to infringe the legitimate rights and interests should develop uniform rules to regulate the implementation of punishment, such as the Chinese Football Association October 14, 1998 in the same year to October 10, the twenty one league game a B Chongqing Hongyan in negative competition team and Liao Tianrun team punishment decision, both teams were fined $ 50,000, Liaoning Tianrun coach Li Wang and Chongqing Hongyan coach Chen Yiming have been stopped and the suspension of senior coach coaching qualifications member certificates. Why the Chinese Football Association in recent years and made these days, the dispute continued, with the implementation of administrative punishment did not follow proper procedure is not without a reasonable relationship to this, the State Sports General Administration hearing process in the development of implementation rules should be based on the particular sports provisions applicable to the scope of the hearing procedures and conditions, more than any fine or penalty to stop a certain amount of coaching qualifications, certificates or revocation of coaches suspended over a certain period of punishment for more than athletes, but also that when the punishment more severely affected when the interests of the parties , in principle, should be hearing, so that helps prevent illegal punishment, protect the legitimate rights and interests, to reduce unnecessary disputes.

4, the sports administrative penalty to resolve the dispute and relief system
With the development of sports and sports a higher level of socialization, the social impact of increasingly wide range of sports, sports activities, especially high-level athletic competition is often hidden behind a huge social and economic interests, making the competition more and more sports intense, "match-fixing," "Whistle blowing" and other irregularities, has also increased, regions, organizations, as well as sports professionals and sports organizations or persons between the various disputes and conflicts between the growing, such as not resolving these disputes will not be conducive to the healthy development of China's sports undertakings.

<<Sports Law>> Article 33 provides that "in competitive sports activities in the dispute by the sports arbitration body responsible for conciliation, arbitration Sports arbitration body set up methods and the scope of arbitration by the State Council separately." Unfortunately, the State Department has not yet issued the administrative regulations of Arbitration for Sport, then the provisions of the sports community groups on their own system of Arbitration for Sport, these provisions lack a clear legal basis, contrary to the principle of unity of the legal system, such as November 15, 1998 Chinese Football Association announced <<Chinese football Association of athlete status and transfer rules>> 第六十一条 states that "any transfer occurs in the dispute, the Chinese Football Association Litigation Committee to appeal, the Chinese Football Association Litigation Committee will make a decision about the transfer fee dispute, the reference number by no more than 30% of the standard rule. in accordance with the Chinese Football Association charter, the dispute outside the Chinese Football Association may not seek redress or award, this provision should be written transfer agreement. "Article 65 of the Rules "For the first time satisfied with the ruling, the ruling can be connected to 7 days, in writing, ask the Chinese Football Association review, and pay the fee of 2,000 yuan. Chinese Football Association after receiving the request reconsideration of the book skillfully days review and make a decision This decision is final. "These provisions clearly violate the Administrative Punishment Law and relevant provisions of the Administrative Procedure Law.

Article VI of Administrative Punishment Law, first paragraph, citizens, legal persons or other organizations on administrative punishment, the right to apply for administrative reconsideration or institute administrative proceedings, while the Administrative Procedure Law, 11, 12 of the Law, the Chief penalties and administrative actions in addition to other specific legal provisions of the final decision by the executive, the other may bring an administrative lawsuit, which is to say, to the courts to seek judicial relief our citizens, legal persons or other organizations, a fundamental right. sports administrative penalties, to exclude the scope of administrative litigation, must be clearly defined by law it is the final administrative action, and the above <<Chinese Football Association players and transfer rules as>> neither a legal nor authorized by law, no right to make such provisions.

And just solution to reduce administrative penalties on sports disputes, to the legitimate rights and interests against the relative who provide strong relief, on the one hand to strengthen the sports program and legal system of administrative penalties, administrative penalties should be based on fair and open principles. Another in terms of Arbitration for Sport as soon as possible to the administrative regulations to prevent sports community groups their own ways, to avoid undue confusion and illegal arbitration provisions. Finally, to establish a sound legal system of sports administration. Administrative penalty in the sport, relative to seek court protection and is one of the fundamental rights, non-law can not be deprived of in the sports community groups to resolve internal disputes, penalties, can not fully meet the "no person shall as a judge in his own" rule, Justice because of its neutrality and independence, and become an effective barrier to protect the rights of people, for the majority of people trust. However, more complex disputes, sports, sports with higher levels of expertise, most judges are not experts, so we action to implement the jury system can be recommended that the jurors should be athletes, coaches and other sports experts generated by the fact that they confirm the problem, the judge responsible for applying the law, so that a just settlement of disputes and for the development of sports in China, will have a positive impact. Links to free download http://www.hi138.com