论文部分内容阅读
职业体育产业的培育是推动体育产业发展的重要手段,反思前三十年的中国体育发展,形势不容乐观,从宏观上看,我国职业体育产业对政府干预的依赖性过高,以致于在职业体育产业垄断的类型中的行政性垄断占到了主导地位。为此,有效的制度设计应当从破解行政性垄断入手,从政府和市场主体两个视角进行解构。市场主导的回归目的在于充分发挥市场主体的竞争活力,由于职业体育产业的特殊性,由体育俱乐部联合组成的体育联盟就充当了具有垄断性质的职业体育产业管理主体,对于由其主导的经济性垄断,法律的评价应当是有区分的,即通过有限的反垄断豁免保护体育联盟的自治,促进职业体育产业的可持续发展。
Professional sports industry is to promote the development of sports industry is an important means to reflect the first 30 years of sports development in China, the situation is not optimistic, from a macro point of view, China’s professional sports industry dependence on government intervention is too high, that in the occupation The administrative monopoly in the type of sports industry monopoly dominates. For this reason, effective system design should start with cracking the administrative monopoly and deconstruct it from two perspectives: the government and the market. The main purpose of market-oriented regression is to give full play to the competitive vitality of the market players. Due to the special nature of the professional sports industry, the sports federation composed of sports clubs acts as the monopoly management body of the professional sports industry. For the economy led by it, Monopoly, the evaluation of the law should be differentiated, that is to protect the autonomy of sports federations through limited antitrust immunity, and promote the sustainable development of professional sports industry.