对“依法治体”之反思

Reflection on “governing sport by law”

"依法治体"是"依法治国"在体育领域的体现,自提出起,便一直是我国体育领域国家治理的基本方略。时至今日,经过二十年之发展,我国的"依法治国"事业已有了长足进步,但在体育领域,"依法治体"的相关理论问题仍需要进一步地阐明和澄清;同时,针对"依法治体"的实践,则需做出三重反思。为进一步推进"依法治体",实现体育领域的国家治理现代化,从价值权衡、法治建设、主观改造、实施与监督等四个方面提出了具体建议。

＂ Governing sport by law＂ is the version of ＇ruling state by law＂ in the field of sports.Since the Sport Act was promulgated in 1995,it has been the basic policy of sport governing. In the past 20 years,law-based governance has made great progress; yet,some theoretical problems in the field of sport governance need to be further expounded and clarified. According to the practice of governing sports by law,we need make three-level reflections. To promote the governance of sport by law and realize the modernization of sport governance,it has given suggestions from the four aspects： value balance,rule of law construction,subjective transformation,implementation and supervision.