(School of Law，Renmin University of China，Beijing 100872，China) Abstract: The public property in the administrative law is the "means" to achieve the administrative purpose, and the sports facilities at university are the public property with the educational purpose as the main purpose and the social welfare as the supplement. There are differences in the configuration and utilization of sports facilities among different regions, urban and rural areas, and school categories, which leads to different conditions for opening sports facilities to the society. The provisions of laws and regulations concerning the opening of school sports facilities to the society play a guiding role by affirming specific behavioral patterns and advocating "encouraging regulations". The "encouraging regulations" lack corresponding legal consequences in the normative structure, and difficult to as the basis for citizens to claim rights and judicial judgments, which is necessary to understand their normative effects in detail. On the one hand, the “encouraging regulations” set positive obligations for colleges and universities to make efforts to open sports facilities to the society, and at the same time required government departments to be responsible for eliminating obstacles and hidden dangers in opening sports facilities at schools, and improved the normative system, management system, performance evaluation system and risk sharing mechanism of social opening with sports facilities , so as to gradually enhance the level of opening school sports facilities to the society.
Key words: sports law；public property law；sports facilities at university；social opening；advocating norms |
