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Dual Logic of Sports Violence Governance in China: A Comprehensive Survey of Law and Industry Autonomy

Sports violence is a critical issue that has hindered China's sports development. Dual logic is currently the mainstream rule of law and industrial autonomy, although it has not produced satisfactory results. In this paper, we used expert interviews, text analysis, and case analysis to investig...

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Detalles Bibliográficos
Autores principales: Ren, Lei, Shi, Yan, Ma, Hong
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Hindawi 2021
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8641998/
https://www.ncbi.nlm.nih.gov/pubmed/34868519
http://dx.doi.org/10.1155/2021/4377156
Descripción
Sumario:Sports violence is a critical issue that has hindered China's sports development. Dual logic is currently the mainstream rule of law and industrial autonomy, although it has not produced satisfactory results. In this paper, we used expert interviews, text analysis, and case analysis to investigate the flaws in the current governance process and found that the dual logic of sports violence governance has problems of varying degrees. The low degree of legislative specialization, the hazy limit of judicial intervention, and disparate law enforcement are examples of the rule of law. The clash of rights and interests between the association and the state, the association's ineffectual control over the junior leagues, and the limited scope of governance are all examples of industry autonomy. Based on the issues mentioned above, this paper proposes dual logic strengthening measures and the notion of integrated governance. In particular, we should improve the rule of law thinking and construct a legal system for sports violence in China from legislation, justice and law enforcement, and law-abidingness to compensate for the current lack of law in sports violence. Second, we define the scope of the association's “postdecoupling era” powers and obligations, resolve conflicts through state involvement based on the rule of law, and remove governance hurdles. Finally, we thoroughly investigate three aspects of integrated governance between the rule of law and industry autonomy: respecting industry autonomy and providing specific implementation space for industry norms, not excluding the rule of law's intervention, and establishing an industry autonomy supervision mechanism. The rule of law and industry autonomy permeate each other and realize integration.