试论宋代体育的法律治理

Study on Legal Governance of Sports in Song Dynasty

运用文献资料法等,对宋代体育的法律治理进行研究。认为:宋代体育治理的法制化程度很高,宋政府以法律为路径实现对民间体育、宫廷体育与军事体育的全方位治理,包括竞渡、相扑、射箭、投石等运动伤害的法律规制,以诏令规范相扑军等宫廷体育组织,以及颁行射术赏令、教场令、保护弓箭马匹令、武举令等。宋代体育治理在立法上涵盖面广、分工明确、宽严相济,同时还表现出显著的功利主义倾向。在治理模式的选择上,宋政府以激励、规范为主,压制为辅,这种较为温和的治理模式客观上促进了宋代体育的繁荣。

By using literature reviews and some other research method,this paper studies the laws and governance in terms of sports in Song Dynasty.It is considered that in Song Dynasty,the laws and governance on sports were highly legalized.The central government took fully controlled on folk sports,royal sports,and military physical education through laws.They were also legislated for injuries during sports such as wrestling,archery and throwing,related organizations like sumo army,as well as variety of rules.Legislation of sports management in Song Dynasty was characterized by intact system,clear responsibility,tempering justice and explicit utilitarianism.Furthermore,sports in Song Dynasty obtained a great development due to its moderate management model of using encouragement.