Endogenous motivation, institutional dilemma and rule of law guarantee of public sports facility sharing
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    Abstract:

    The sharing of public sports facilities is an inevitable way to implement the new development concept, alleviate the contradiction between the relative lack of sports facilities in China and the growing fitness needs of the people, and promote the strategy of realizing a strong sports nation. Public sports facility sharing includes the behavior of public sports facility management entities opening public sports facilities to the public, as well as the behavior of the public's collaborative and orderly use of public sports facilities. The realistic contradiction of the shortage of public sports facilities and the reasonable demand for the protection of citizens' sports rights points to the necessity of sharing public sports facilities, while the staggered use of time and the complementary spatial configuration form the supply power for sharing public sports facilities. By combing the existing laws related to public sports facilities sharing in China, we find that there are still shortcomings in the legal norms and legal protection mechanisms. At the level of legal guarantee mechanism, it is manifested in the lack of legal guarantee force for the sharing of public sports facilities. At the level of legal regulations, it is manifested in the lack of direct regulations and the lack of binding effect of supporting regulations for the sharing of public sports facilities. Under the guidance of the concept of sharing, the legal system for sharing public sports facilities should be improved and the legal guarantee mechanism for sharing public sports facilities should be constructed. In constructing the legal guarantee mechanism, three major mechanisms of information transmission, responsibility sharing, and performance assessment should be taken as the starting point for the construction, so as to gradually improve the level of public sports facilities sharing. In improving the legal system, a single law on public sports facilities sharing should be formulated to improve the operability of the legal norms related to public sports facilities sharing, and the completeness and coordination of supporting legal norms should be realized through the legal means of establishing, reforming, abolishing, and explaining.

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黄诚胤,袁志辉.公共体育设施共享的内生动力、制度困境与法治保障[J].重庆大学学报社会科学版,2024,(1):258~268

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  • Online: March 15,2024
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