郭禾:中国人民大学法学院教授 我最近注意到了中国足协对吉利俱乐部的抗辩。中国足协依照行政诉讼法的规定,即上级机关对下级部门的处罚,下级部门不能用名誉权来起诉上级机关,这就意味着在中国足协自己看来,它是一级政府,带有行政色彩的机关,如果真是这样的话,吉利俱乐部的确不应以名誉权来起诉中国足协,而是要用行政诉讼。但换一个角度来看中国足协,它肯定不是行政机构,虽然我们国家事实上有很多“扛”着民间机构的牌子,穿着这身“衣服”,实质上,却行使着行政权利,但从法律上讲它肯定还是民间机构,比如贸促会、中国律师协会,他们的背后都是政府部门,他们的领导都是政府直接任命的,但它在法 Guo He: Professor of Law School of Renmin University of China I recently noticed the Chinese Football Association’s defense of the Geely Club. The Chinese Football Association in accordance with the provisions of the Administrative Procedure Law, that is, the higher authorities penalties for lower-level departments, the lower departments can not use the right to sue the superior organs, which means that the Chinese Football Association in its own right, it is a government with administrative color If so, then, Geely Club really should not be to fame the Chinese Football Association reputation, but to use administrative proceedings. But from a different point of view the Chinese Football Association, it certainly is not an administrative agency, although our country in fact there are many “carry” a sign of private agencies, wearing this body “clothes”, in essence, but exercise administrative rights, but from the law On its affirmative or non-governmental agencies, such as CCPIT, the China Bar Association, they are behind the government departments, their leadership is directly appointed by the government, but it is in France