摘要
软法和硬法在广义上同属现代法的范畴,体育治理过程中既离不开软法也离不开硬法。从软法之治和硬法之治的二维视角对我国体育治理过程中"软法"硬化、"硬法"软化的钟摆现象进行了分析。研究认为,"软法"硬化和"硬法"软化的钟摆现象既是法律规律的反映,也是依法治体的需要。体育治理中的钟摆现象表明,"软法"硬化和"硬法"软法都有其合理性与局限性,只有在对立中走向统一,冲突中走向融合,实行软硬兼施的"共生"治理模式,构建包含软法在内的体育法体系才是体育法制治理的理想之道。
Ahstract： In a broad sense, both soft law and hard law belong to the category of modern law. They cannot be separated from each other in the process of sports governance. This paper analyzed the problems concerning ＂soft law＂ hardening and ＂hard law＂ softening in the process of sports governance in China, which indicated that the problems not only reflected the legal regulations, but also the necessity of sport by law. It also showed that ＂soft law＂ hardening and ＂hard law＂ softening were both reasonable and limited. Only through unity in the opposition and integration in the conflict could the mutual existential governance model be applied and the ideal way to sports legislation including soft law be realized. Key words： ＂soft law＂ hardening; ＂hard law＂ softening; problem; sports governance; sport by law; sports law
出处
《武汉体育学院学报》
CSSCI
北大核心
2018年第2期32-35,共4页
Journal of Wuhan Sports University
