风险预防原则在体育风险治理中的适用

风险预防原则形成于当下风险社会，现已实现了由理论向规范的转化，并有望向更多风险领域拓展。风险预防原则在各要素之间的逻辑关联下可推衍出合比例与程序正当两大子原则，并通过两大子原则，具化出行政权的有限扩张、风险类型化预防、风险治理参与主体与治理手段多元化四大规范意涵。风险预防原则在体育风险治理中的适用具有现实基础、制度基础与经验基础，足以证成将其扩展适用的可行性。风险预防原则在体育风险治理中的适用面临着体育风险立法阙如、体育风险行政失范、体育风险司法乏力、体育风险意识淡薄等实践困境。建议从完善体育风险立法、优化体育风险行政、改进体育风险司法、强化体育风险意识等方向应对，为风险预防原则在体育风险治理中的适用扫除障碍。

Research on Application of Risk Prevention Principle in Sports Risk Management

The risk prevention principle is being established in the current risk society. It has now transformed from theories to specifications, and is expected to extend to more risk fields. With the logical connection among various factors, the two sub-principles, proportionality and due process, are derived from the risk prevention principle. Subsequently, limited expansion of administrative power, classified risk prevention, multiple participants of risk management and diversified governance are derived from the two sub-principles. The application of the risk prevention principle in sports risk management has a practical basis, an institutional basis and an empirical basis, which are sufficient to prove the feasibility of extending its application. The application of the risk prevention principle in the sports risk management faces practical difficulties such as the absence of sports risk legislation, the noncompliance of sports risk administration, the impotence of sports risk judicatory, and the lack of sports risk awareness. Therefore, the author proposes to modify the sports risk legislation, optimize the sports risk administration, improve sports risk judicatory and strengthen sports risk awareness, so as to remove obstacles for the application of risk prevention principle in sports risk management.