Research On The Soft Law Perspective Of Chinese Sports Standards

With the decline of state management and the rise of public governance models,a governance model characterized by open public management and broad public participation began to appear in the social field.The role of soft law in this governance model has become prominent and has become the main method and basis of public governance.Soft law,as a concept opposite to hard law,originally derived from the field of international law.Soft law is a code of conduct.This kind of norm is not legally binding in principle,but it can produce practical results.Although the research and attention of soft law in China's jurisprudence is relatively late and there is no consensus on the basic theoretical research of soft law up to now,we can not negate the value and social influence of soft law.In recent years,more and more disciplines and fields began to draw lessons from the concept of soft law to carry out research,but there are few studies on the soft law perspective of sports.The soft law has the characteristics of the diversity of the creative subject,the democratic negotiation of the creative way,and the diversity of the implementation of the guarantee.Soft law,as a form of governance under the background of social transformation,coincides with sports autonomy.Soft law,as a form of governance under the background of social transformation,coincides with sports autonomy.Therefore,from the perspective of soft law,this paper uses the methods of literature,expert interviews and logical analysis to study sports standards.In the study of this paper,the domestic and international research status of soft law and sports standards are introduced first.The second part is the study of the basic issues of soft law and sports standards.It mainly includes the discussion of the concept of soft law,the discussion of soft law is law,and the study of the meaning,evolution and defects of sports standards.The third part discusses the standards and technical regulations of international and developed countries,and analyzes the differences between voluntary standards and technical regulations,technical regulations and mandatory standards.Thefourth part is the analysis of China's sports standards from the perspective of soft law,which mainly includes the motive mechanism of sports standards governance and the legal significance of sports standards governance.In the part of motive mechanism of sports standard governance,its motive mechanism mainly includes the self-governing mechanism,consultative democracy mechanism,sports market mechanism and the credibility of the government.In terms of the significance of the rule of law,the rule of law significance of sports standard governance includes six aspects: making up for the shortcomings of hard law in the field of standards,reducing the cost of sports rule of law and development,promoting the realization of sports rule of law objectives,highlighting the essence of sports rule of law spirit,promoting the rise of public governance model in the field of sports,strengthening the positive of mandatory standards and improving the effectiveness of law.The fifth part is the research and analysis of sports standard governance decision-making and implementation path.In this part,the decision-making concept of sports standards should be good governance,the decision-making path should be responsive regulation,and the implementation path of sports standards governance should be based on soft law and supplemented by hard law.The last part is the conclusion.In the conclusion part,the paper concludes that with economic development and social change,the traditional state management model can neither adapt to social development nor reach the rule of law goals in China.The formulation of sports standards is professional and complex.Therefore,more subjects need to be involved in the process of formulation and governance.If people who use standards can not participate in the formulation of standards,it will inevitably hinder the enthusiasm of standard use and will affect the market development in long run.Therefore,in the future development of sports standards and governance process,we should listen to the appeals of different interest groups,improve relevant laws and regulations,and clarify the nature,function and role of recommended standards and mandatory standards.Under the guidance of the concepts of “good governance” and “responsive regulation”,establishing a mixed governance mode with recommendation standards as the main and mandatorystandards as the supplement.This approach involves different stakeholders and has strict creation procedures,adjusts different social relationships to meet the needs and interests of different groups.