论文部分内容阅读
公私法域的交融渗透已是不容回避的法治现实。欧陆的实践已经证明,在此背景下的社会公权力主体如欲驶入良性发展轨道,司法权的适度介入成为其必要条件。我们只有借鉴域外成功经验,在尊重公私法域独立价值的同时,打破二者绝然对立的传统桎梏,消除司法救济在此领域的灰色地带,积极实现法治框架下以足协为代表的中国社会公权力主体的民间化,方能达至法治和自治之间的平衡。
The integration and penetration of public and private jurisdictions have become an unavoidable reality of the rule of law. The practice in Europe has already proved that if the main body of public power in this context is to enter the sound development track, the proper intervention of judicial power becomes its necessary condition. We should learn from the successful experience of other countries and, while respecting the independent values of public and private jurisdictions, break the tradition of absolute antagonism between them and eliminate the gray areas of judicial relief in this area and actively realize the social public authority represented by the Football Association under the framework of the rule of law The main body of the folk, in order to achieve the balance between the rule of law and autonomy.