法治视野下的职业足球管理体制改革

Reforming Professional Football Management System under the Rule of Law

从权力制约和权利保障的角度分析目前的职业足球管理体制,认为我国现行职业足球管理体制属于国家法团主义体制。中国足协的权力来源欠缺社会合法性;其三权合一、权力过大;改革应从国家制约、社会制约、内部制约3方面进行。职业足球俱乐部拥有结社自由权和联赛经营权,但受到政府严格管制,权利难以实现,改革只能由政府主导自上而下推行。改革的方向是从国家法团主义体制过渡到社会法团主义体制,足协成为真正自治的社会团体。改革的构想是形成结构清晰、权责分明的4级管理模式:总局—足协—联盟—俱乐部。渐进式改革是最有可能的路径,可以成立独立于足协的中甲联盟公司进行改革试点。

From the perspective of restricting power and protecting right,the current system of professional football management was analyzed.The paper held that the current system of professional football management belonged to the system of national corporatism.The original power of Chinese Football Association（CFA） lacks social legality;CFA have three powers which are combined and too powerful;Reform should be carried on from three aspects： national restrict,social restrict and internal restrict.Professional football clubs have the rights of association and the rights of operating the league,however,due to the restrict controlling of government,it is hard to realize the rights and reform could only be implemented by the government-directed from top to bottom.The direction of reform is to transit from the system of state corporatism to the system of social corporatism and CFA become a truly self-governing social organization.The idea of reform is to form a four-lever management model in which structure is clear and agencies have definite power and duty： General Administration of Sport;Football Association;Football Alliance;Clubs.Because gradual reform is the most effective path,the second division alliance could be established as an experimental reform which is independent from of CFA.