Research On Soft Law Of Professional Sports In China

Adopted the literature material method, case analysis, analyze of comparison and logic analysis,this study based on the theory of law and sports science discusses some soft law problem in professional sports in full scale. The law provides safeguard to develop professional sports, but it can't just rely on hard law regulation. Without soft law's supporting, hard law will not operate well and can't play its role effectively. Soft law from conventional is the result that negotiated by interest subjects related to sport and meets approval, so more attention should be paid to sports soft law of cure. Soft law originated in international law, and it has some features such as diversity of formation subjects, openness to establishing procedures, and non-mandatory implementation methods, but in essence, it is a kind of democratic consultation mechanism. This paper analyzed it from five aspects.The first part: introduce the topic-selection basis, review the literature about professional sports and soft law, and introduce the research methods and research ideas. The second part: introduce basic theory of soft law. Introduce and analyze the soft law's origin, development, concept, features, effectiveness and implementation, soft law and governance mode. The third part: analyze the general theory of soft law in professional sports. Analyze professional sports'conception and features; extract the professional sports soft law carrier forms from the law and the basic theory of sports science. Then it analyses the great significance of soft law in professional sports. The fourth part: analyze the soft law practice and experience in EU professional sports; from the perspective of soft law analyze international sports arbitration court. In practice, soft law actually can be applied as a kind of management means and methods. Using soft law measures can take care of the sports fields'uniqueness so as to ensure the elasticity and sensitivity adjustment, at the same time it also can get sports organization support frequently. The fifth part: analyze soft law practice in professional sports in China, and summarize the professional sports in China, existing problems of soft law in practice, namely the atmosphere that administer sport according to law has not been formed, sports industry association does not give full play to the role, lack of participation mechanism safeguard, lack of proper procedure guarantee. The proposals are, strengthening our country's professional sports foundation of law, strengthening formulating democracy consultation in soft law, strengthening supervision mechanism of soft law, achieving the integration of soft law and hard law.