The Deviant Behavior And Legal Regulation Of Professional Basketball In China From The Perspective Of Multiple Laws

Law is the core means of modern social governance,but also the most powerful means to control social deviant behavior.With the rapid development of professional basketball league in China,the professional basketball league has gone through numerous reforms to the road of professionalization and marketization,but it also produces undesirable deviant behaviors.Based on the deviant behavior of professional basketball in our country as the research object,using the case analysis,literature analysis,empirical analysis and expert interview research deviant behavior of professional basketball in our country present situation and existing problems,and legal regulation to external and internal soft law hard deviant behavior method of multivariate system design,This paper puts forward the construction of "soft and hard legal governance mode",in order to effectively control the deviant behavior in professional basketball through multiple legal means,and then promote the fair,orderly and standardized development of the secondary professional basketball.This paper is divided into five parts: The first part discusses the theoretical connotation of legal pluralism,as the legal basis of the research;The second part,based on the subject of deviant behavior,explains the main types and status quo of deviant behavior in professional basketball in China.The third part describes the legal regulation of professional basketball deviant behavior in China and analyzes its existing problems;The fourth part,from the Angle of internal soft law and external hard law,carries on the pluralistic legal system design to our country professional basketball sport deviant behavior;The fifth part,the construction of the regulation of China’s professional basketball deviant behavior in the soft and hard law governance model,and further analysis of its implementation path.In this paper,the main conclusions as follows:According to our country professional basketball deviant implementing subject deviant behavior in professional basketball movement can be divided into: Fans deviant behavior deviant behavior,players,coaches,deviant behavior and referees deviant behavior,club,deviant behavior,these excesses are endangering the development of professional basketball in China,with the necessity of legal regulation,is currently in the deviant behavior more regulation through the basketball association disciplinary action,handed over to the judicial organs treated less.The current in the regulation of our country professional basketball movement deviant behavior within the legal basis includes the national legislation and the basketball association rules and regulations.Among them,criminal law,civil code,sports law and administrative punishment legal system provide legislative guarantee for deviant behavior,but there are some problems such as imperfect law enforcement mechanism,weak legal consciousness of deviant subjects and difficulty in judicial intervention.Basketball association in the articles of association,penalty and other related discipline,the referee work and management,and other internal rules and subject to punishment,punishment,punishment,punishment procedures,mechanisms related to relief ways make provision,deviant behavior is the main basis of rules and regulations,but incomplete disciplinary punishment penalty,not fully comply with the due process and the problem of insufficient penalties.The improvement of the system of internal soft law is the center of gravity of the multiple legal system design,the core content is to perfect basketball association disciplinary punishment mechanism,in the concrete system design,internal disciplinary action should improve the basketball association penalty,perfect the regulation illegal and against supporters outside deviant behavior of punishment;Perfecting the punishment procedure within the Basketball Association to ensure the justice of the punishment procedure;At the same time,increase the relief means of internal discipline punishment of the Basketball Association and establish multiple relief means.External hard law system is the most powerful legal protection regulation deviant behavior,should speed up formulation and revision of national legislation,strengthen the law enforcement of the administrative department for physical culture and sports,strengthen the responsibilities and new basketball association,and actively seek external legal support,clear the limits of judicial intervention,at the same time,efforts to improve the legal quality of the professional basketball players.Based on the hard and soft governance deals with the intense reality basis,establish the deviant behavior in China professional basketball sports soft hard the intense governance mode,to build China’s professional basketball intense cure the realization path of hard and soft to do hard and soft law,therefore,to establish relations of cooperation,establish a power balance mechanism,perfect the supervision mechanism,and establishing benign transformation mechanism of hard and soft law.