| 摘要: |
| 通过查阅相关文献，详细探讨了体育法治的两种模式——积极法治和消极法治，并引入哈耶克的自生自发理论作为消极法治的理论支撑。指出，我国走的是积极法治之路，政府公权力在体育法治建设当中发挥了主导作用。从另一个角度看，这种积极法治可能也压制了“内部规则”——体育自身发展规律的生存空间，足球发展可以很好地证明这一点。所以，现阶段应该适时引入消极法治，解决体育法治建设中动力来源单一所导致的后续力量不足问题，走一条积极法治和消极法治并重的均衡建设之路。 |
| 关键词: 积极法治 消极法治 体育法治建设 自生自发秩序 体育自身发展规律 |
| DOI： |
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| 基金项目: |
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| Sport Law Construction: Positive or Negative Rule of Law |
| ZHAO Yue-qiang |
| (Department of Physical Education, North China Institute of Aerospace Engineering) |
| Abstract: |
| By examining the relevant literature, the two models of the rule of law in sports are discussed in detail-positive rule of law and negative rule of law, and Hayek’s spontaneous theory is introduced as the theoretical support for negative rule of law. It is pointed out that China is taking the path of positive rule of law. The government’s public power has played a leading role in the construction of sport law. From another perspective, this positive rule of law may also suppress the “internal rules”—the survival space of the development of sports itself. Football development can be a good proof of this. Therefore, at this stage, we should introduce a negative rule of law in a timely manner, solve the problem of insufficient follow-up force caused by a single source of power in the construction of sport law, and take the road of balanced construction with both positive rule of law and negative rule of law. |
| Key words: positive rule of law negative rule of law constructing rule of sport law spontaneous order self-development rules |
