我国体育服务市场监管演进:逻辑认知、现实困境与未来发展

Evolution of Sports Service Market Regulation in China: Logical Cognition, Realistic Dilemma and Future Development

运用文献资料和逻辑分析等方法对我国体育服务市场的监管历程、转型逻辑、要素表现以及监管改革的现实困境与未来推进路径进行了分析与探讨。研究认为:我国体育服务市场历经全能型行业主管、准入型监管已迈入以高质量发展为目标的治理型监管;其内在逻辑是基于满足人民美好生活的需要、产业自身可持续发展的要求和政府与市场、社会关系的重新调整;具体表现为从前置监管转向事中事后监管,由一元主体走向多元共治,由单一行政管控到多元手段的综合运用;面对监管任务加重和监管难度加大的内容困境、协同监管的主体困境、多元监管手段实施的法理性困境和实践应用困境,在体育服务市场监管的未来发展中,应不断推进以体育行政部门为主导的“软硬兼施”的法治化进程,以企业和社会组织为主导的标准体系完善进程,以规范的信用监管倒逼企业内部自治,重视公众对监管治理的形塑作用,从而达到以手段导向逻辑倒逼多元主体协同监管职能的发挥和协同监管局面形成的目的。

By using the methods of literature review and logical analysis, this paper analyzed the regulatory process, transformation logic, element performance, practical dilemma and future promotion path of China’s sports service market. Research suggests: China’s sports service market experienced omnipotent regulation, access-oriented regulation now has entered a high-quality development as the goal of governance-oriented regulation. The internal logic is based on meeting the needs of people’s good life, the requirements of the industry’s own sustainable development and the readjustment of the relationship between government, market and society. It is embodied in the shift from pre-regulation to in-process and post-event regulation, from unitary subject to pluralistic co-governance, and from single administrative control to comprehensive use of pluralistic means. Facing the content dilemma of increasing regulatory tasks and difficulties, the subject dilemma of collaborative regulation, the legal dilemma of implementing multiple regulatory means and the practical application dilemma, we should continue to promote the process of “tough and soft” rule of law dominated by sports administrative departments, the process of perfecting the standard system dominated by enterprises and social organizations, force the internal autonomy of enterprises with standardized credit regulation, and attach importance to the shaping role of the public in regulation and governance, so as to achieve the purpose of using means-oriented logic to force multiple subjects to play their collaborative regulation functions and form a collaborative regulation situation.