| The competitive sports has developed rapidly and gained remarkable achievements since 1949. The success of 2008 Olympic Games in Beijing showed the powerful of economy, political, culture and other aspects in China, even showed the rapid growth of our country sports and the high level of competitive sports. The athlete teams are the core strength of pushing forward competitive sports to grow, so to speak, the most basic and important part of sports system. The personnel system and social class have been changing greatly accompanied by the deep reform of market economy step by step.The protect system of athletes'rights and benefits has kept reforming by the objective request for adapting to the demand of market economy. However, the subsistence and development of athletes are in hot water bog down because of the contradiction and collision between current situation and planned economic system. Moreover, the healthy and remedying benefits of athletes are stricken.These are exposing the deep-seated problems in Chinese labor right legal system of athletes. Therefore, this paper is based on the theoretical modes of labor right. And it starts by the natural, legal and real modes. They are in sequence. Then with the collection, collation and analysis of the literature, the specialist interview, the analysis of cases, the logical analysis and dialectic method of analysis to get a thorough understanding of the athletes'labor right legal system. For the purpose of providing helpful propositions for the progress of athletes'labor right legal system.At first, the paper is based on the structure of athletes'labor right. And from the nature right angle to selectively analyze a set of rights which belong to athletes'labor right and have a close relationship among the subsistence, development, health, remedy benefits of athletes. Meanwhile, the paper reasons that athletes are laborer. These are the theoretical principle for other sections. Secondly, it is beginning at the visual angle of labor right, combining the history of labor legislation with sports to introduce and analyze the development of Chinese athletes'labor right legal system since 1949. It is divided into two periods by the construction of Market Economy of Socialism.There were different traits and effects in the two periods. Thirdly, the primary coverage is the real mode of athletes'labor right. In other words, it is the analysis of the current situation of athletes'labor right legal system, including the cases of invading athletes' subsistence, development, healthy and remedying benefits so as to expose the contradiction and collision in the current situation of athletes' labor right legal system from the microscopic view and reveal the reason for the contradiction and collision. Finally, the paper combines the situation analysis of national strategy, the sports at home and abroad, the society of rule by law with the labor legal system and institutions. Then the paper puts forward the suggestions on the evolution of athletes' labor right legal system and the relevant system such as reform of labor control system, change of concept, etc. In a word, the legalization of athletes'labor right protect system is not only the embodiment of the idea of "people oriented", but also the important part of the democracy and the rule of law in building a harmonious society against the perfection of society governed by law and labor legal system background. Therefore, protecting the athletes'labor right by legal system is good for the training of good athletes and sustainable development. Moreover, it is also the premise and basis of Chinese sports to develop constantly and steadily.
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