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章程是体育社会团体法人开展各种内部自治管理活动的依据,它不仅维系社团内部组织结构的稳定,而且使社团内部管理行为规范有序。现行体育社团自治章程主要根据《民法通则》(1986)、《体育法》(1995)、《社会团体登记管理条例》(1998)、《反兴奋剂条例》(2004)及国际单项体育联合会章程的有关精神制订。从其内容性质上看,直接源于法律及行政委托的强制性条款较多,反映会员与内部成员协议性规范较少。在对全国单项体育协会这类人合组织体及其章程进行法理分析的基础上发现以下不足:1)在其会员资格的确认及会员代表大会的构建方面存在不合理之处,即仅将俱乐部、运动员、教练员、裁判员认定为注册管理对象而不享有会员资格;2)业内争端解决途径完全依赖协会内部机制,排斥外部行政救济与司法救济;3)监督机制不健全致使社团内部管理权力失却羁绊。上述三点不足源于国家相关法律法规对社团章程的规定过于粗糙而存在异议,因此急需立法改进。
The charter is the basis for the various social self-governing activities carried out by sports social organizations and legal persons. It not only maintains the stability of the organizational structure within the society, but also makes the internal management practices within the community standardized and orderly. The current constitution of self-government of sports associations is mainly based on the General Principles of Civil Law (1986), Sports Law (1995), Regulations of the Registration of Social Organizations (1998), Anti-Doping Regulations (2004) and Articles of Association of International Uni- versities The spirit of the development. From the nature of its contents, there are more mandatory clauses originating directly from legal and administrative entrustment, which reflect that there are fewer agreement norms between members and internal members. Based on the jurisprudence analysis of such organizations and their articles of association of the National Sports Associations, the following deficiencies were found: 1) There is an irrationality in the confirmation of their membership and the construction of the member representative assembly, that is, only the club , Athletes, coaches and referees are not eligible for membership; 2) the industry dispute resolution approach completely relies on the internal mechanism of the association and excludes external administrative remedies and judicial remedies; 3) the inadequate supervision mechanism leads to the internal management power of the society Lost fetters. The three inadequacies originated from the objection made by the relevant laws and regulations of the state to the provisions of the constitution of the society that are too rough, so the legislative improvement is urgently needed.