(1.School of Marxism，Yantai University，Yantai 264500，China；
2.School of Criminal Justice，China University of Political Science and Law，Beijing 100081，China)
Abstract: In the construction of the provisions of the Sports Law, the proportion of "soft law clause" is 40.13%, and that of "semi-soft law clause" is 37.65%, which far exceeds the average proportion of "soft law clause" and "semi-soft law clause" in other laws. The reason is that it is closely related to the high consciousness of the new sports right and the "artificial sexual defect" of legislators. In the operation practice of "Sports Law", the "soft law clause" is not really "soft", but through the unique "spontaneous mechanism", "policy assistance" and "power-oriented" implementation mechanism. In fact, in the course of the operation of the Sports Law, the "soft law clause" or "semi-soft law clause" derived from the "soft law" is a governance model based on the "soft law". It will be close to "public opinion" and take mobilization, publicity and encouragement as the main means to realize the "soft landing" of the law. However, the "hard law governance", which is based on the "hard law clause", is a traditional governance model, which is mostly manifested as obligatory norms and prohibitive norms. In the process of governance, it strives to highlight the only authority of the "national law". And with the national violent organs as the backing, so as to achieve the "hard landing" of the law. Obviously, the models of "soft law governance" and "hard law governance" are complementary to each other. Therefore, no matter "soft law clause" or "hard law clause", should become an important factor in the Sports Law, both of which are indispensable. "mixed treatment of soft and hard law clause" should become the future development trend of "Sports Law" in the context of the new era.
Key words: sports law；hybrid rule of law；soft law clause；hard law clause