关键词: 公共体育场馆, 委托管理, 合同

Abstract: This present paper studies the entrusted management service contract of public sports venues and stadiums by means of contrastive analysis, questionnaire survey, investigation and interview. The study shows that there are various forms of entrusted service contract in China and the contracts are civil in nature. However, owing to the particularity of the entrusted operation of venues and stadiums, the contracts have the characteristic of administrative contract. Based on the analysis of the core provisions in the contracts and the results of investigation and interview, this paper concludes that currently entrusted management contracts have such problems as lack of public interest, public sports service provisions are not accurate, business operation requirements are not clear, service fee payment doesn’t have any audit basis, service period is too long, the access and exit mechanism are not clear. Finally, this paper puts forward some suggestions and measures for improvement including: formulating model contracts, refining core provisions, strengthening government regulation, improving assessment system, carrying out surveys of satisfaction and service needs, establishing negative list system, completing asset inventory and force majeure regulations.

Key words: public sports venues and stadiums, entrusted management, contract