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市场需要国家的适当干预,国家干预可以采取政治、行政、经济和法律等手段,其中运用法律进行规制是最科学有效的,而且也只有国家能够对市场进行法律规制。自1995年颁布《体育法》十余年来,我国共制定体育行政法规和规范性文件7部,体育部门规章和规范性文件150余部,地方性体育法规和政府规章160余部。体育立法的领域也在不断扩展,立法质量不断提高,正在逐步形成基本覆盖体育领域的多个方面、位阶层次丰富的体育法规体系。但是,我国体育市场历经十几年的发展却不理想。本文通过调查访问和整理相关法律文件,认为我国体育市场长期处于行政管制时期,应该逐步过渡到法律规制阶段,用市场规制法的思维重新思考我国体育市场规制问题,促进我国体育市场的繁荣。
The market needs proper intervention from the state. State intervention can take political, administrative, economic and legal measures. Among them, the regulation by law is the most scientific and effective, and only the state can regulate the market. Since the promulgation of the “Sports Law” in 1995 more than 10 years ago, China has formulated a total of 7 sports administrative regulations and normative documents, more than 150 sports department regulations and regulatory documents, more than 160 local sports regulations and government regulations. The field of sports legislation is also constantly expanding, and the quality of legislation is constantly improving. Sports laws and regulations that cover many aspects of the field of sports and are of an advanced level are gradually being formed. However, the development of China’s sports market after more than ten years is not satisfactory. Through investigating and arranging the relevant legal documents, this paper argues that the sports market in our country has been in the period of administrative control for a long time and should be gradually transferred to the stage of legal regulation. With the thinking of market regulation law, we should rethink the regulation of sports market in our country and promote the prosperity of sports market in our country.