我国体育赛事产业发展的法律保障研究
发布时间：2018-11-27 06:40
【摘要】：作为体育产业中的核心产业,体育赛事产业在体育产业中占有的比重并不大。随着赛事举办的日益多样化,赛事需要的人力、物力和财力也在逐渐增多,完善的法律法规政策可以促使体育赛事产业规范化发展。因此,对体育赛事产业发展的法律保障进行研究是非常必要的。本文运用了文一献资料法、专家访一谈法、比一较分析一法、案例分析法对体育赛事产业发展的法律保障进一行研究,得出了以下结论:1.体育赛事产业分类较为明显,特征鲜明,且对我国国民经济的影响为:(1)扩大内需,体育消费水平提高,进而刺激经济增长;(2)发展促进企业的投资;(3)增加就业机会。2.体育赛事转播权性质、主客体、权利归属并没有明确的法律规定;体育赛事标志侵权形式多样。3.奥运会转播权、标志专用权在立法、执法及司法方面较为完善。另外,在立法方面:体育赛事转播权并无专门的立法;体育赛事标志出台颁布的法规虽多但无章法,立法不成体系。另外还受国家多重法律保护。在执法方面:我国行政执法部门对体育赛事转播权、赛事标志侵权的打击逐渐加强。但是各部门之间缺乏必要的沟通和配合,在具体执法过程中不能统一执法尺度,执法存在争议。在司法方面:两者侵权司法案件审理期限较长,效率不高。4.我国体育赛事产业发展存在的法律问题较为严重,主要问题有:(1)体育赛事产业法律过于单一、立法层次较低、缺乏体系性;(2)法律追究制度不健全;投融资法律保障机制不完善;(3)投融资法律保障机制不完善;(4)行业自律机制缺失,缺乏一定的权利保护意识;(5)执法力度不够,缺乏一定的激励机制;(6)法律宣传不到位。5.国外体育赛事产业经验借鉴:(a)美国:(1)《版权法》对网络转播权版权保护;(2)出台的《体育运动转播法案》、《体育转播法》等法律为我国体育转播法的制定提供法律依据;(3)SOPA和PIA草案的制定督促我国赛事产业相关法律法规的要尽快制定;(4)美国联邦政府和地方政府之间的法律关系对赛事产业的宏观调控更有说服力。(b)澳大利亚:《版权法修正案(数字议程)》(2000年)为数字网络背景下的体育赛事网络转播提供了法律保护。(c)韩国:《韩国体育产业振兴法》立法层次较高,由国家政府部门制定,为我国体育赛事产业相关的法律制定和提高立法层次提供参考。6.针对体育赛事产业出现的各种法律问题,完善体育赛事产业发展的法律措施主要有:(1)完善相关的法律制度,提高立法层次,建立完善的法律体系;(2)执法快捷有效;(3)制定投融资相应的法律法规政策(4)建立行业自律机制,提高体育赛事产业保护意识(5)加大对侵权行为的打击力度,建立健全奖励制度;(6)加强对体育赛事产业法律的宣传。
[Abstract]:As the core industry of sports industry, sports industry occupies a small proportion in sports industry. With the increasing diversity of events, the manpower, material resources and financial resources of the events are also increasing gradually. The perfect laws and regulations can promote the development of sports industry standardization. Therefore, it is necessary to study the legal guarantee of the development of sports industry. In this paper, we use the method of Wenyi materials, experts to talk about the method, compared with a comparative analysis of a method, the case analysis of the development of sports industry into a line of research, the following conclusions are drawn: 1. The classification of sports industry is obvious, and the influence on our national economy is as follows: (1) expanding domestic demand, improving the level of sports consumption, then stimulating economic growth, (2) developing and promoting the investment of enterprises; (III) increased employment opportunities 2. Sports event broadcasting right nature, subject and object, right ownership and no clear legal provisions; sports event signs infringement forms. 3. 3. Olympic broadcast right, symbol exclusive right in legislation, law enforcement and judicial aspects are relatively perfect. In addition, in the aspect of legislation, there is no special legislation on the broadcasting right of sports events; although there are many laws and regulations issued by the signs of sports events, the legislation is not systematic. In addition, it is protected by many laws of the state. In the aspect of law enforcement, the administrative law enforcement department of our country has strengthened the right of broadcasting sports events and the infringement of race signs. However, there is a lack of necessary communication and cooperation among different departments. In the judicial aspect: both tort judicial cases have a longer time limit and low efficiency. 4. 4. The legal problems in the development of sports industry in China are more serious, the main problems are: (1) the sports industry law is too single, the legislative level is low, the lack of system, (2) the legal investigation system is not perfect; The legal safeguard mechanism of investment and financing is not perfect; (3) the legal safeguard mechanism of investment and financing is not perfect; (4) the self-discipline mechanism of the industry is lacking, and the consciousness of right protection is lacking; (5) the law enforcement is not enough, and there is no certain incentive mechanism. (VI) lack of legal publicity. The experience of foreign sports events industry draw lessons from: (a) USA: (1) copyright protection of network broadcasting rights under copyright law; (2) the "Sports Relay Act", the "Sports Relay Law" and other laws provide the legal basis for the formulation of the sports relay law in our country, (3) the draft of SOPA and PIA urge the relevant laws and regulations of China's sports industry to be formulated as soon as possible; (4) legal relationship between the Federal and Local governments in the United States the macro-regulation of the race industry is more persuasive:. (b) Australia: copyright Amendment (Digital agenda) (2000) as a Digital Network background . (c) Korea: the Korea Sports Industry Revitalization Act has a higher legislative level. By the national government departments to provide a reference for China's sports industry related laws and improve the level of legislation. 6. In view of the various legal problems in the sports industry, the main legal measures to improve the development of the sports industry are: (1) to improve the relevant legal system, to raise the legislative level, to establish a perfect legal system; (2) to enforce the law quickly and effectively; (3) formulating the corresponding laws, regulations and policies for investment and financing (4) establishing the self-discipline mechanism of the industry, raising the awareness of industry protection in sports events (5) strengthening the crackdown on infringement and establishing and perfecting the reward system; (6) to strengthen the publicity of sports industry law.
【学位授予单位】：中国矿业大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：G80-05
，
本文编号：2359724
[Abstract]:As the core industry of sports industry, sports industry occupies a small proportion in sports industry. With the increasing diversity of events, the manpower, material resources and financial resources of the events are also increasing gradually. The perfect laws and regulations can promote the development of sports industry standardization. Therefore, it is necessary to study the legal guarantee of the development of sports industry. In this paper, we use the method of Wenyi materials, experts to talk about the method, compared with a comparative analysis of a method, the case analysis of the development of sports industry into a line of research, the following conclusions are drawn: 1. The classification of sports industry is obvious, and the influence on our national economy is as follows: (1) expanding domestic demand, improving the level of sports consumption, then stimulating economic growth, (2) developing and promoting the investment of enterprises; (III) increased employment opportunities 2. Sports event broadcasting right nature, subject and object, right ownership and no clear legal provisions; sports event signs infringement forms. 3. 3. Olympic broadcast right, symbol exclusive right in legislation, law enforcement and judicial aspects are relatively perfect. In addition, in the aspect of legislation, there is no special legislation on the broadcasting right of sports events; although there are many laws and regulations issued by the signs of sports events, the legislation is not systematic. In addition, it is protected by many laws of the state. In the aspect of law enforcement, the administrative law enforcement department of our country has strengthened the right of broadcasting sports events and the infringement of race signs. However, there is a lack of necessary communication and cooperation among different departments. In the judicial aspect: both tort judicial cases have a longer time limit and low efficiency. 4. 4. The legal problems in the development of sports industry in China are more serious, the main problems are: (1) the sports industry law is too single, the legislative level is low, the lack of system, (2) the legal investigation system is not perfect; The legal safeguard mechanism of investment and financing is not perfect; (3) the legal safeguard mechanism of investment and financing is not perfect; (4) the self-discipline mechanism of the industry is lacking, and the consciousness of right protection is lacking; (5) the law enforcement is not enough, and there is no certain incentive mechanism. (VI) lack of legal publicity. The experience of foreign sports events industry draw lessons from: (a) USA: (1) copyright protection of network broadcasting rights under copyright law; (2) the "Sports Relay Act", the "Sports Relay Law" and other laws provide the legal basis for the formulation of the sports relay law in our country, (3) the draft of SOPA and PIA urge the relevant laws and regulations of China's sports industry to be formulated as soon as possible; (4) legal relationship between the Federal and Local governments in the United States the macro-regulation of the race industry is more persuasive:. (b) Australia: copyright Amendment (Digital agenda) (2000) as a Digital Network background . (c) Korea: the Korea Sports Industry Revitalization Act has a higher legislative level. By the national government departments to provide a reference for China's sports industry related laws and improve the level of legislation. 6. In view of the various legal problems in the sports industry, the main legal measures to improve the development of the sports industry are: (1) to improve the relevant legal system, to raise the legislative level, to establish a perfect legal system; (2) to enforce the law quickly and effectively; (3) formulating the corresponding laws, regulations and policies for investment and financing (4) establishing the self-discipline mechanism of the industry, raising the awareness of industry protection in sports events (5) strengthening the crackdown on infringement and establishing and perfecting the reward system; (6) to strengthen the publicity of sports industry law.
【学位授予单位】：中国矿业大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：G80-05
，
本文编号：2359724
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