软法介入基层体育治理的可能、冲突及路径

The possibility,conflict and resolution of intervention in grassroots sports governance for soft law

软法亦法,软法在公共治理领域的勃兴展现其卓有成效的治理价值,对推进基层体育治理现代化具有深远意义。国内体育领域软法研究起步晚、发展慢,使得软法在体育治理中的效能未得到充分释放和发挥。通过解读软法的一般原理,剖析软法在基层体育治理中的“在场”可能和重要效力。针对软法介入基层体育治理涉及的“合意性”“结构性”“认同度”“保障度”冲突,认为需要围绕软法的创制机制、受众基础、结构层次及保障机制予以纾解,以期促成软法赋能基层体育治理现代化发展。

The soft law is also law.The rise of soft law in the field of public governance shows the potential governance value,and has far-reaching significance for realizing the modernization of grassroots sports governance.The study of soft law in the field of sports in China started lately and developed slowly,which makes the effectiveness of soft law in sports governance far from being effectively released and played.By fully interpreting the general principle of soft law,the important effect and the possibility of"presence"of soft law in grassroots sports governance are thoroughly analyzed.Aiming at the problems of"desirability","structure","recognition"and"guarantee"of intervention in grassroots sports governance for soft law,this paper puts forward some suggestions on improving the creation mechanism of soft law,cultivating the audience base of soft law,planning the structure level of soft law,and exploring the guarantee mechanism of soft law,in order to promote the modernized development of grassroots sports governance empowered by soft law.