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Research On Self-regulation And Legal Regulation Of The Sports Industry

Posted on:2015-02-16Degree:DoctorType:Dissertation
Country:ChinaCandidate:S J LuoFull Text:PDF
GTID:1316330428474925Subject:Sports Law
Abstract/Summary:PDF Full Text Request
The self-regulation in sports industry refers to the activities which the individuals or organizations engaged in the same sporting event form a sports association voluntarily and ultimately achieve self-discipline and self-management in accordance with the bylaws. It is a kind of societal self-regulation. The development of sports industry organization is the leading cause of self-regulation while the self-regulation in turn is the basic pattern of sports development. Generally speaking, the organizational sports industry promotes the development of modern sports and brings about huge economic benefits as well. And furthermore, it has already become an energetic power contributing to many aspects in social commonweal such as cultural transmission, education promotion and national unity. Those self-regulated organizations participate actively in sports affairs, which not only helps to prevent the over-competition in the competitive sport market, but also shares government's workload in that field. As a main part of civil society, it promotes the benign interaction between state and society in its own way.There is, however, no such a thing as the pure self-regulation. It is always coexisting with heteronomy. Likewise, sports industry is indeed influenced by the heteronomous measures, such as state laws, rules and regulations. But thanks to the long tradition of self-regulation, the effects of heteronomy are less than those in other area. However, with the professionalization and commercialization of sports, the irregularities such as corruption, drug abuse, physical violence, infringement of athletes'right, etc., are becoming more frequent and serious, which makes the government and sporting association start to pay close attention to the conflict between the self-regulation and legal regulation in the sports industry. Therefore, in order to achieve the good governance of sports, adjusting and settling the conflict between self-regulation and the legal regulation in sports industry should be the top priority. That is to say, the regulations pattern should switch from a way of rigid management as "command-obey" in the past into a mixed mode in which a combination of compulsory and optional mechanism, as well as rigid and flexible regulation. And naturally, as the tool of regulation, laws should include both the soft law and hard law. Such a hybrid mode targets at the conflict between self-regulation and legal regulation, which is the embodiment of the new governance in the field of sports, and is also the transformation for laws as the tool of regulating. It integrates the self-regulation and government's regulation, soft law and hard law in one system and eventually helps each part function complementally to the full.The European Union (Hereinafter EU) has been committed to building a set of soft-hard law governing system where treaty law, case law, sports policy, soft law are the foundation of such a legal system. This relatively perfect mode helps the sporting regulation function effectively under the supervision of state laws. As a result, the EU regulation mode and the institutional design, such as competition law, labor law (like the law of free movement), the sports policy and the open method of coordination can be an example for the reconstruction of the regulation in Chinese sports industry.This thesis includes three parts:introduction, main text and the conclusion. The introduction briefly introduces the origin of the problems which are raised from my research and its background information. Then comes the literature review at home and abroad about the theme of the thesis. In the end the research methods and the text structure are also put forward.The main text consists of six chapters. Chapter I is a brief sketch for the self-regulation in sports industry. The first section firstly starts with the semantic analysis of "self-regulation", and then within the track of history of sports development, it continues to find out the motivations for self-regulation and its development in different countries. Furthermore, the paper introduces the interaction between self-regulation and the legal regulation in sports industry. Lastly, the legislation necessity caused by the negative influence of self-regulation will be discussed.Chapter II explores the current situation of self-regulation on sports industry where autonomy is the core. The first section mainly analyzes the attribute, power source, and basic contents of sports industry autonomy. Then the second section focuses on the different roles of the sporting association-the main body enjoying the autonomy-and its legitimacy.Chapter III elaborates the conflict between sports industry self-regulation and legal regulation. All kinds of problems in the sports field draw our attention to the conflict between self-regulation and legal regulation in sports industry, and make us carry on a deep analysis for the external manifestation and intrinsic reasons of the conflict. To be more concrete, three types of conflict stand out significantly:weighing of interests from different regulation body, the rank order of value in law and the choice of dispute-resolution. And furthermore, there are mainly three phenomena attributing to the conflict, that is the path-dependence resulting from the present system and interests, the expansion of the power on sports industry, and the influence of sports globalization.Chapter IV argues the path selection which could bridge the gap between self-regulation and legal regulation in sports industry. According to good governance of sports, a concept called "Responsive Regulation" is suggested to be the decision-making path for sporting regulation. And the implementation of the decisions needs to rely on the complementary advantages of both soft law and hard law mechanism in order to construct a hybrid governance mode conducted by both type of law, with the supplement by the specific institutional design.Chapter V take example by the EU practice, from which investigates the experience of the soft-hard law in sports governance in the EU, and aims to seek for reference for Chinese sports industry. As the multi-level and multi-actor sports governance, the EU sporting regulation is a system based on the co-performance of case law, soft law, treaty law and policy. Compared with the fully commercialized operation in sports industry in the US, the EU pattern is much more helpful for China.In particular, the Court of Justice of the European Union and the European Commission's sports dispute settlement constitute a "hard" regulation, whereas sports policies issued by the EU institutions are the "soft" constraints. At the same time, the Open Method of Coordination as the selected monitoring sporting practice of the EU provides a good platform for the soft-hard law in governance, which makes soft law and hard law adapt to and evolve with the ongoing change of sports development.Back to China's context, in Chapter VI, this part describes the current situation in sporting regulation in China and compares the achievements and difficulties at present, and then ends up with emphasizing the necessity of reconstructing sports industry regulation. For the moment, under mode of the authoritative governance, self-regulation in sports industry in China is heavily restricted. Hence, it is necessary to impel the transition of sporting governance in China. Taking into account of the particularity of Chinese sports development; it is believed that we should make effort to reform on three levels:sports legislation, sports administrative system and the internal governance mechanism in sports association. Therefore, this part comes up with the preliminary plan of governance transformation and suggestions on the reform.The conclusion part restates the topics and summarizes the main points of the thesis. It points out that sports industry regulation needs the coordination of self- regulation and legal regulation. With the mutual cooperation, we can better promote the goal of good governance in sports.
Keywords/Search Tags:Self-regulation, Self-regulation of the Sports Industry, Legal Regulation, Conflict, Good Governance in Sport, Soft and hard law ingovernance
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