On Reflective Cooperation between Professional Self-regulation and Rule of Law in the Sport Industry——Taking Chinese Football Association as Key Target of Analysis
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Graphical Abstract
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Abstract
of the study on the relationship between professional self-regulation and rule of law in the sport industry,“Doctrine of Intervention”,“Doctrine of Self-regulation”and enthusiastic cooperative approaches all lack missing reflective thinking and ignore the negative effects which such approaches may bring about.Edified by reflection law theory and “cooperative governance”theory,reflective cooperation absorbs and goes beyond the two.In the Chinese context,the rule of law and the professional self-regulation in the sports industry should be established on the basis of reflective cooperation.Accordingly,the reflective thinking will dominate the cooperative relationship,and the indirect cooperation will become the dominant route to cooperation;then the system of reflective cooperation will be built thereon.Thus cooperation can be realized both through professional self-regulation and through such indirect regulations as principle of exhaustion of internal remedies,the limited judicial intervention by the court and judicialization of internal remedies.To some extent,the efforts made by Chinese Football Association in institutional structure and organizational structure achieve internal division of labor and self-regulation.However,such questions as cooperation with reliance on the Government,compression and deformation of professional self-regulation,absolute rejection of the cooperation with judicial power,improper judicialization of internal judicial remedies may arise.For these considerations,specific solutions to these questions shall be designed with a reflective and cooperative thinking.
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