Jiang Xi, an associate professor of Shanghai Institute of Political Science and Law, believes that although the sports blacklist system is only a soft constraint, the communication effect and supervision effect brought by this system in the Internet era are very huge.
Xinhua News Agency, Beijing, August 20th (Wei Hua, Liu Yue) on the 20th, the State Sports General Administration issued three regulatory documents, “several opinions on further regulating the behavior of stadium”, “administrative measures for overseas non-governmental organizations to carry out sports activities in China” and “administrative measures for blacklist of sports market, to further standardize Stadium behavior and market order.
“Several opinions on further regulating the behavior of Stadium” (hereinafter referred to as “opinions”), for some improper behaviors such as athletes, referees, coaches, etc, clear the punishment power of the corresponding project Association; For all kinds of subjects suspected of violating the law of the People’s Republic of China on Public Security Administration Punishment or criminal law, it is clear that the organizing committee of the event shall hand over or cooperate with the corresponding competent judicial and public security organs to deal with or punish them according to law.
“Opinions” also put forward for the first time that if there are major accidents, serious consequences or adverse effects in the organization of sports events, in addition to being responsible in accordance with relevant laws and regulations, the competent department of sports should record the relevant information in the credit record, incorporate it into the national credit information sharing platform, and list it as the key regulatory object, administrative restraint and disciplinary measures shall be jointly adopted according to laws and regulations.
In recent years, some overseas non-governmental organizations have held events and sports activities in China under the banner of “China” and “official” without registration or filing, which has disturbed the normal order of running competitions. In response to this phenomenon, the measures for the administration of sports activities carried out by overseas non-governmental organizations in China (hereinafter referred to as the measures) clearly require that overseas non-governmental organizations carry out sports events in China, sports industry exchange and cooperation, sports culture and sports news exchange and cooperation, anti-doping exchange and cooperation, etc., all need to be submitted to the sports competent department of the provincial people’s government for approval.
The relevant person in charge of the State Sports General Administration stressed that in accordance with the requirements of the State Council for deepening decentralization, combining release and management, and optimizing services, sports reform should be promoted, not only do the “subtraction” of decentralization, but also do the “addition” of strengthening supervision “. Canceling the examination and approval of commercial and mass sports events does not mean that it is completely released. After the reform of the examination and approval system for sports events, the State General Administration of Sport has adopted the method of classified supervision for international sports events and national sports events. The introduction of the measures to strengthen the management of sports activities carried out by overseas non-governmental organizations in china is the requirement of implementing the law of the people’s republic of china on the management of activities of overseas non-governmental organizations in china, it is not contradictory to Document No. 46 of the State Council. In addition, the measures are mainly applicable to “non-profit and non-governmental social organizations such as foundations, social organizations, think tanks and so on legally established overseas”, while legal foreign-funded enterprises, this method is not applicable for Sino-foreign joint ventures and other activities such as sports events in China.
Since the release of Document No. 46, China’s sports industry market has developed rapidly, and a large amount of capital has poured into the sports field. The sports industry has shown unprecedented vitality, but at the same time, the Internet misbroadcasting of sports events, problems such as yin and yang contracts of professional players have emerged in large numbers. In order to standardize the market behavior of the main body of the sports market and create a good sports market environment, the Administrative Measures for the blacklist of the sports market clearly stated that it would seriously violate laws, regulations, the sports business entities and sports practitioners of the regulations are listed in the blacklist of the sports market, published to the society within a certain period of time, and measures such as credit constraints and joint punishment are implemented.
The Administrative Measures for blacklist of sports market also clarified that the State General Administration of Sports is the formulating unit and guiding unit of blacklist management measures of national sports market, leading the implementation of blacklist management system of national sports market. The sports administrative departments of the provincial people’s governments are the specific implementation units of the blacklist system of sports markets, and are responsible for the inclusion and removal of the blacklist of sports markets within each administrative area, information collection and publicity, set up report mailbox and other management work.
The relevant person in charge of the State Sports General Administration said that according to the Administrative Punishment Law, it is not an administrative punishment to list administrative punishment rule in the sports market, it is a measure to reduce credit evaluation, focus on supervision and strengthen management after sports business entities and sports practitioners are subject to administrative punishment or judicial sanction (court judgment) for illegal acts.
Jiang Xi, an associate professor of Shanghai Institute of Political Science and Law, believes that although the sports blacklist system is only a soft constraint, the communication effect and supervision effect brought by this system in the Internet era are very huge, it has a warning function for those who violate laws, violate regulations and break promises, and is conducive to guiding sports market operators and practitioners to carry out honest and legal operations, thus creating a good sports market environment.