欧盟法视野下的重大体育赛事转播列表机制
发布时间：2019-02-26 19:42
【摘要】：重大体育赛事列表机制作为欧盟体育法领域的重要法律制度，旨在通过确保观众能够免费收看到对社会具有重大意义的体育赛事，使观众的知情权能够有效实现。在欧盟，各国关于赛事转播权的法律制度并不相同，造成了欧盟内部电视转播市场的混乱，该机制也可使欧盟内部形成较为一致的规范，有利于整个欧盟市场的统一。该机制虽然允许成员国自愿选择，但事实上确立了相互承认机制，可促使成员国根据该机制制定重大赛事列表，，保护本国国民对重大赛事的收看权。 但同时，该机制并不是完美无缺的，它本身存在一些漏洞，而且欧盟只是规定了一个大体的法律框架，具体实施细节仍由成员国自主决定，因此在实施中也出现了很多问题，可能造成重大体育赛事列表机制的目的无法实现，观众的知情权无法得到有效保障，需要进一步完善：有些国家的重大赛事列表可能已经过时，应及时更新；直播与延迟转播的赛事范围的确定可能不合理，应该确立一个规范的标准；免费电视无法获得转播权或没有兴趣购买赛事转播权，造成付费电视对重大赛事进行独播，对此可借鉴澳大利亚的相关制度并且需要成员国及时对列表的合理性进行审查；免费电视不对赛事进行转播导致囤积效应，可引入必须转播制度等。在对欧盟的重大体育赛事列表机制进行完善时，要结合欧盟自身的特点，在借鉴一些立法较为成熟的国家的相应制度，如澳大利亚的反虹吸规则与反囤积规则时，要根据欧盟国家的实际情况进行变通。 在我国，付费电视发展迅速，许多原来可以在免费电视上收看到的体育赛事开始转移到付费电视平台，造成部分公众无法收看到自己感兴趣的体育赛事，引发了公众的争议。作为体育大国，体育赛事对我国的重要性不言而喻，为了保障我国观众对重大体育赛事的知情权，可以借鉴欧盟的重大体育赛事列表机制，制定相关法律，确保原则上，我国的重大赛事必须在免费电视上播出，促进我国体育事业的发展。为此必须根据我国的体育文化与传统，确定重大赛事的范围，免费电视的标准，具体的规范机制以及监督机制。
[Abstract]:As an important legal system in the field of European Union sports law, the list mechanism of major sports events aims to realize the audience's right to know effectively by ensuring that the audience can watch sports events which are of great significance to the society free of charge. In the EU, the legal system of the rights to broadcast events is not the same, which causes the confusion of the TV broadcasting market in the European Union. This mechanism can also make the European Union form more consistent norms within the European Union, which is beneficial to the unity of the whole European Union market. Although it allows members to choose voluntarily, it has in fact established a mechanism of mutual recognition, which enables member States to draw up lists of major events under the mechanism and to protect their nationals' access to major events. At the same time, however, the mechanism is not perfect, it has a number of loopholes in itself, and the EU only provides a general legal framework, and the details of the implementation are still left to member States to decide on their own, so there are also many problems in the implementation. The purpose of the list mechanism of major sports events may not be realized and the audience's right to know can not be effectively guaranteed, which needs to be further improved: in some countries, the list of major events may be outdated and should be updated in a timely manner; It may not be reasonable to determine the scope of live and delayed broadcast events, and a standard should be established. Free television does not have access to broadcast rights or is not interested in the purchase of rights to broadcast events, resulting in pay-TV unicast of major events, which can draw lessons from Australia's relevant systems and require member States to review the reasonableness of the list in a timely manner; Free television does not broadcast events leading to hoarding effects, can be introduced must broadcast the system and so on. In perfecting the list mechanism of major sports events in the EU, we should combine the characteristics of the EU itself and draw lessons from the corresponding systems of some countries with more mature legislation, such as Australia's anti-siphon rule and anti-hoarding rule. It is necessary to adapt according to the actual situation of the EU countries. In our country, pay TV develops rapidly, many sports events that can be watched on free TV begin to transfer to pay TV platform, which causes some public to be unable to watch sports events that they are interested in, and causes public controversy. As a big sports country, the importance of sports events to our country is self-evident. In order to protect the audience's right to know about major sports events, we can draw lessons from the list mechanism of major sports events in the European Union, formulate relevant laws and ensure the principle. Major events in China must be broadcast on free television to promote the development of sports in China. Therefore, according to the sports culture and tradition of our country, the scope of major events, the standard of free television, the specific regulation mechanism and the supervision mechanism must be determined.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D95
本文编号：2431090
[Abstract]:As an important legal system in the field of European Union sports law, the list mechanism of major sports events aims to realize the audience's right to know effectively by ensuring that the audience can watch sports events which are of great significance to the society free of charge. In the EU, the legal system of the rights to broadcast events is not the same, which causes the confusion of the TV broadcasting market in the European Union. This mechanism can also make the European Union form more consistent norms within the European Union, which is beneficial to the unity of the whole European Union market. Although it allows members to choose voluntarily, it has in fact established a mechanism of mutual recognition, which enables member States to draw up lists of major events under the mechanism and to protect their nationals' access to major events. At the same time, however, the mechanism is not perfect, it has a number of loopholes in itself, and the EU only provides a general legal framework, and the details of the implementation are still left to member States to decide on their own, so there are also many problems in the implementation. The purpose of the list mechanism of major sports events may not be realized and the audience's right to know can not be effectively guaranteed, which needs to be further improved: in some countries, the list of major events may be outdated and should be updated in a timely manner; It may not be reasonable to determine the scope of live and delayed broadcast events, and a standard should be established. Free television does not have access to broadcast rights or is not interested in the purchase of rights to broadcast events, resulting in pay-TV unicast of major events, which can draw lessons from Australia's relevant systems and require member States to review the reasonableness of the list in a timely manner; Free television does not broadcast events leading to hoarding effects, can be introduced must broadcast the system and so on. In perfecting the list mechanism of major sports events in the EU, we should combine the characteristics of the EU itself and draw lessons from the corresponding systems of some countries with more mature legislation, such as Australia's anti-siphon rule and anti-hoarding rule. It is necessary to adapt according to the actual situation of the EU countries. In our country, pay TV develops rapidly, many sports events that can be watched on free TV begin to transfer to pay TV platform, which causes some public to be unable to watch sports events that they are interested in, and causes public controversy. As a big sports country, the importance of sports events to our country is self-evident. In order to protect the audience's right to know about major sports events, we can draw lessons from the list mechanism of major sports events in the European Union, formulate relevant laws and ensure the principle. Major events in China must be broadcast on free television to promote the development of sports in China. Therefore, according to the sports culture and tradition of our country, the scope of major events, the standard of free television, the specific regulation mechanism and the supervision mechanism must be determined.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D95
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