依法治体:体育赛事安全合作监管模式研究

Law-based Sport Governance:Research on a Collaborative Model for Safety Regulations on Sporting Events

体育赛事安全监管作为体育赛事安全保障体系的重要组成,在依法治体的背景下,需要法治予以保障。通过梳理法律法规、部门规章和其他规范性文件,结合我国体育行业发展现状,提出了体育赛事安全监管应采取行政监管和行业监管合作的模式,监管主体应为相关行政机关和全国性单项体育协会。在此基础上,厘清了行政机关和全国性单项体育协会的监管职权范围,即各行政机关以主管业务为界行使监管权,单项协会以专业事项为界行使监管权;阐释了不同监管主体不履行监管职责或履行不力时所应承担的行政责任或刑事责任以及实现方式。

Safety regulations on sporting events are an important part of the security system for sporting events,and in the context of law-based sport governance,they should be secured by the rule of law. By reviewing laws and regulations,departmental rules and other normative documents,and based on the current development of sport in China,this paper proposes that safety regulations on sporting events should adopt a collaborative model of both administrative regulations and industry regulations.The regulators should be relevant administrative organs and national individual sports associations. On this basis,the administrative organs. and national individual sports association’s duties are clarified,that is,administrative organs exercise their regulatory power over matters that they are in charge of,and individual sports associations exercise their regulatory power over professional matters.This paper also explains the administrative or criminal responsibility that different regulators should take when they fail to perform their regulatory duties or when they perform their duties poorly.