论文部分内容阅读
国家对暴力的合法垄断使得国家法体系下的法律责任均直接或间接根源于国家的暴力机制,而中国足协社团罚的权力来源于其自身的社会权力而非国家权力,因而,缺乏国家暴力支撑的社团罚,其生成逻辑在于集体行动理论中的选择性激励。社团罚生成的法律边界即其合法性问题则在于对其性质的重新厘定,此外,社团罚的正式性也是保障其合法性的制度安排。
The state’s legal monopoly of violence makes the legal responsibility under the state law system directly or indirectly rooted in the state’s violent mechanisms. However, the power of penalty imposed by the Chinese Football Association is derived from its own social power rather than state power. Therefore, it lacks the support of state violence The formation of the logic lies in the collective action theory of selective incentives. The legitimacy of the legal boundary formed by the community penalty is restoring its nature. In addition, the formality of the community punishment is also the institutional arrangement to ensure its legitimacy.