国际体育联合会事实性权力的产生与规制OACHSSCD

The de facto power of International Sports Federations refers to the regulatory power accepted in global sports practice without explicit legal authorization.By the methods of literature review and case analysis,this paper systematically examines the origins,manifestations,and legal nature of this power.It shows that the power is rooted in the monopoly of International Sports Federations and the pyramid structure of international sports governance;the basic forms of de facto power can be summarized as quasi-legislative power,quasi-administrative power and quasi-judicial power;Legally,de facto power has the external effect of social public power and the internal risk of alienated power.Jurisprudential reflection reveals that the de facto power of International Sports Federations may deviate from the basic spirit of social contract theory in operation,and it may infringe many human rights of athletes.To effectively regulate this power within a legal framework,two suggestions are proposed:first,establishing a permanent representative body for athletes,promoting collective bargaining,and introducing the principle of corporate governance to make up for the democratic deficiencies in the governance structure;second,clarifying and strengthening the primary regulatory and remedy responsibilities of the countries where the headquarters of International Sports Federations are located,expanding the judicial remedy channels for athletes to claim rights from multiple subjects,and establishing the judicial intervention principles and review standards of respecting autonomy,necessary involvement,and substantive review to safeguard human rights.