我国单项体育协会改革的软法之治

The Soft Law Governance of the Reform of National Sports Association

新时代单项体育协会的改革与发展,不仅需要硬法也需要构建完善的软法体系加以保障,这是现代体育治理的客观要求。通过探讨软法对单项体育协会自治发展的作用,梳理单项体育协会脱钩实体化后运用软法保障其权责利的理论与实践依据。研究提出,脱钩与实体化后的单项体育协会,需要通过制定软法完善和补充硬法鞭长莫及的问题,发挥软法在单项体育协会治理中柔性、灵活性及协商性约束的优势,使其成为平衡、协调、规制各主体利益的“内部法律”,促使软法与硬法相衔接,确保单项体育协会改革的有效性与实效性。

In the new era,the reform and the development of national sports associations not only require hard laws but also need to construct a sound soft laws system.This is an objective requirement of modern sports governance.Based on the discussion of the role of soft law in the development of the autonomy of individual sports associations,this article combs the theoretical and practical basis of using soft law to protect the rights,responsibilities and interests of individual sports associations after they are separated from sports departments and turned into entities.According to the study,we propose that the associations after leaving sports department need to improve soft laws to solve the problems that hard laws cannot solve,to take advantage of the flexibility of soft laws in governance,and to promote the connection between soft laws and hard laws in order to facilitate them to become an“internal law”that balances,coordinates,and regulates the interests of various entities so as to ensure the effectiveness and efficiency of the reform of national sports associations.