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Government’s Legal Responsibility in Large-Scale Sports Events

体育法律业务团队 道可特法视界 2023-03-25


AbstractThe success of large-scale sports events plays a huge role in promoting a city and even a country's development in economy, culture, society, tourism and environment. However, due to the large number of participants, high level, large scale, wide media coverage and large target market, large-scale sports events will also bring great responsibility to the government of host city. Corporate Business Team of Beijing Docvit Law Firm will start with the attributes of large-scale sports events, and then explore the government's responsibility in large-scale sports events.

1

Attributes of large-scale sports events

The attributes of large-scale sports events are some inherent characteristics which are combined with the society, economy and environment. These characteristics can be summed up in three aspects.

1. Complexity attributes

Large-scale sports events are huge and complicated projects involving many components, and also are typical open complex systems. Firstly, large-scale sports events are open systems. The organizing committee of the large-scale sports events is not a permanent organization, but a temporary working group. Therefore, it does not reserve any resources for the operation of these sports events. The organizing committee must exchange material and information with other environmental systems to obtain required resources for the operation of all kinds of events. Secondly, large-scale sports events are complex systems. From the aspect of internal operation, large-scale sports events involve many factors, including the core system, work system and support system. These three systems are interrelated and interdependent, and each subsystem is a multi-factor system which contains complex interactive relationships. All the internal systems and external systems are interlinked, restricted and interacted with each other which form the open and complex sports events systems.

2. Economic attributes

The economic attributes of large-scale sports events are mainly characterized by huge financial investment, direct benefits of competition market development and external positive effects on economy. Investment of large-scale infrastructure has become the main characteristic of large-scale sports events.

According to the 2008 Beijing Olympic Games budget, Beijing invested 280 billion yuan to improve urban environment, including 180 billion yuan onurban infrastructure construction and 71.3 billion yuan on environmental improvement. The total investment for the 2012 London Olympic Games was 9 billion pounds. The bulk of the construction budget was used for the renewal of the east end of London. The huge investment was accompanied by direct economic gains and effects. Beijing Organizing Committee for the Olympic Games earned 20.5 billion yuan, an increase of 800 million yuan over the budget. Conservative estimates for the 2010 World Cup in South Africa exceeded $1 billion.

By the end of 2017, the UK received a total of 16.5 billion pounds from the Olympic Games and 2 billion pounds from related tourism. Moreover, the "joy effect" brought by the Olympic Games will raise people’s emotion and drive other consumer spending up. The 2010 World Cup in South Africa boosted South Africa's economy to $13.2 billion. In addition, South Africa's tourism industry benefited a lot from the success of the World Cup. According to an official statistics, in South Africa, the number of hotels above three stars increased by 35%, hotels under three stars increased by 41%, and family hotels increased by 58%. During the World Cup, South Africa hosted more than 1 million fans and tourists from all over the world, with income and occupancy rates rising 121.1% and 63. 7% from the same of 2009.

3. Social attributes

Large-scale sports events are one-off public events with the participation of so many people. The main purpose of holding large-scale sports events is not only to give priority to economic benefits, but more to meet the needs of the public for sports spirit and culture. Therefore, holding large-scale sports events is not only to create a good competition environment and to provide good competition products, but also to effectively utilize the opportunity to comprehensively strengthen the construction of basic sports facilities and effectively provide high-quality public sports services for the general public.

2

The responsibility of government in large-scale sports events

The complexity of large-scale sports events determines that the organization and operation can not be separated from government’s support and help, but the participation of government does not mean domination. Excessive participation often carries a heavy burden on government itself, so it is necessary to scientifically and reasonably define the role and responsibility of  government in large-scale sports events. 

1. Leading responsibility

The diversity, dynamics, complexity and difficulty determine that the organization and operation of large-scale sports events can not be separated from the participation of the host government. The holding of large-scale sports events will create a peak concentration of demand for urban infrastructure and other public goods and services.

Taking the 2008 Beijing Olympic Games as an example, a total of 10,050 athletes from 204 countries and regions gathered in Beijing to participate in 28 major events, 302 events and thousands of competitions. It is obvious that the support, cooperation and guarantee of administrative management, municipal construction, security safeguard, environmental protection, medical treatment, transportation & communication, news media, accommodation and reception inevitably bring pressure to all aspects of urban operation.

It is necessary for government to play a leading role in the overall mobilization of manpower and material resources. Having guaranteed the operation of sports events efficiently, government should also ensure the normal social order of host city.

The fact that the 26th Atlanta Olympic Games in 1996 was operated by private organization has proved that relying on the market to regulate the sports events will cause discontinuity of supply and other related problems. Under the current social system, government is the social organization with the most influential and economic strength. Apart from the government, no department can fully mobilize the public resources of the entire city. Hence, the successful organization of large-scale sports events is indispensable for the coordination role of government in the organization and management.

2. Regulation responsibility

In this new period, the inherent rules of market-oriented economy development require government to withdraw from the role of direct participants in economic field. Although the complexity of large-scale sports events needs government to undertake the corresponding public service responsibility, the economic attributes require government to do some choices in economic field. Large-scale sports events, which often demand large investment and renovation of the urban environment, have higher requirements for a city’s operating environment. Government is the main body of urban management. It requires government to transform its functions into urban development planning and urban assets supervision. On the other hand, through the guidance of policy and measures, the improvement of urban operating environment can be completed from the aspects of constructing investment platform, diversification of investment subjects and market operation mechanism.

In the market development of tickets services, licensed merchandise and sponsorship for sports events, government should prevent the one-sided use of "administrative orders". Government can introduce specialized sports intermediary agencies by preferential policies and other methods. In the outside market, during the sports events holding period, the number of consumers has always soared. Therefore, there is a conflict between supply and demand in the tourism, catering, and other service industries. In order to balance the supply and demand, government needs to act as regulators and guardians of economy and market environment.

3. Decision-making responsibility

Nowadays, holding large-scale sports events has became a favorable opportunity to display the image of government and promote the development of regional economy. Moreover, holding large-scale sports events can fundamentally meet people's spiritual and cultural needs of life to the greatest extent. Thus, the social and public attributes of large-scale sports events make government naturally become the decision-making subject. However, government should also avoid the subjective and arbitrary decision-making, and introduce the mechanism of social and market supervision.

3

Functions of government in large-scale sports events

1. Formulate policies

It is essential for government to transform functions, improve management method and work efficiently, and market can play the basic role in the allocation of resources to a greater extent. In the sports field, government’s functions should be matched with the characteristics, functions and purpose of sports development. In particular, whole people involved in sports today, government should also clarify the concept of governance and implement policies in order to further enhance the governance effect.

2. Coordinate market

In the process of organizing large-scale sports events, government should shift the focus of its work to the formulation of policies and rules in order to safeguard the main position and basic rights of market participants. At the same time, government should further clarify the entry conditions of the sports events market and strictly regulate the approval and supervision. On this basis, it is also crucial for government to fully mobilize the enthusiasm of market participants and fully revitalize sports investment funds, which can effectively ease government’s financial pressures.

3. Provide public goods and services

Depending on large and comprehensive sports events, seeking welfare for the development of mass sports is an important issue for government to consider. Thus, government should take the opportunity of preparing and holding sports events to offer public goods and services in a reasonable and effective way, and create a good atmosphere for the sports events.

4

Conclusion

In large and comprehensive sports events, effectively playing the role of governments functions has become an important condition to ensure the success of sports events. Holding large-scale sports events will help to establish a good government image, and a good government image helps to mobilize all kinds of resources and improve the efficiency of sports events operation. The main responsibility of government is conducting regulation and guidance. Also, it should introduce a diversified decision-making mechanism and eventually give full play to the leading role of government in order to ensure the success of sports events.

Disclaimer

While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. The professional articles of Docvit Law Firm WeChat Official Account are all original to our lawyers team.If you need to reprint, please leave a message on our WeChat background.Please do not reprint without authorization.

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