Legal Dilemmas and Relief of Exercise Prescription Implementation in the Perspective of Sports and Health Integration——Based on Soft Law Governance Theory
The integration of sports and health is an important initiative to realize a healthy China,and exercise prescription,as its core tool,plays a crucial role in promoting health.However,the legal profession has paid insufficient attention to this interdiscipli-nary emerging field and its potential legal issues.By reviewing the relevant laws and regulations and combining them with the current status of exercise prescription implementation,it is found that exercise prescription in practice is mainly faced with the following legal dilemmas:The legal nature of exercise prescription is unclear,the legal relationship between subjects is unclear,and the division of power and responsibility is undefined.The root cause of these problems lies in the disorder of industry norms,lagging legal response and unclear contractual validity.The traditional source of law theory can not effectively solve the above dilemmas,and the integra-tion of sports and health governance is in urgent need of soft law norms to meet the needs of its popularity,technology,complexity and timeliness,so it is necessary to introduce the theory of soft law.It is suggested that a hybrid law governance model with both hard and soft law should be applied as a solution,focusing on the definition of legal nature and relationship at the hard law level,the division of rights and responsibilities among subjects at the soft law level,and the hardening of soft law in dispute resolution at the soft law and hard law levels,with the aim of providing important references to promote the implementation of the strategy of Healthy China and the construction of the legal normative system of the field of integration of health and physical fitness.
integration of sports and healthexercise prescriptionlegal dilemmassoft law
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