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On The Constitutional Guarantees Of Sports

Posted on:2012-07-09Degree:DoctorType:Dissertation
Country:ChinaCandidate:H R ChenFull Text:PDF
GTID:1226330368491421Subject:Physical Education and Training
Abstract/Summary:PDF Full Text Request
Due to the important role of sports in education, health, culture, economic, external relations , and others areas, most of the countries in the world to pay close attention to sports sector.In the state which rule of law, generally, the crucial social affairs should write in the basic law——constitution. If some activity have a express term in consttution,it is a symbol to which enter into state’s political and legal view. While, is there any sports provision in country constituon, how many national constitutions include sports provisions, what is the content, and what should write in? Research such questions deeply would contribute conprehend to the practice of sports in global, would contribute know well to others state attitude toward sports, would contribute to estimate the future of sports.For answer aforementioned problems, I have gathered total consititution or basical laws of 192 UN members constitution, retrieved 187 written constiution to find wether have a sports article. In the end, there are 74 constitutions include sports provision.This researh will enclose analysis such provisions.The texture of this research divide into three parts ten chapters, the core content all in the three parts, namely, current stituation part, thery analysis part and case analysis part. Following are the specific structure and details.The first chapter is introduction, I expound the research backgrand and importance,summarize relative researches, introduce the object, method, the constitution text gather process and confirmation.ChapterⅡto ChapterⅢ, namely, current stituation part.The second chapter describe written constitution definition, compare written constitution with unwritten constitution,in additon to, formation a table to present a general situation of written constitution in global. ChapterⅢgive a definition of sports provision of written constitution, firstly. Then according time, region, language, state nature, legal system, developed status, and the number of provisions, to work out a table and made a preliminary overview of the terms described. ChapterⅣin the light of the written constitution structure divided into general chapter, civil rights chapter, national institutions chapter, and the other chapter, select the element of continent, period, state nature, language, contents of the provision and the cross conditions to analysis the common and specifical problem.ChapterⅤto ChapterⅦfor the theoretical analysis. based on the analysis of the status of sports provisions in written constitution, the fifth chapter first outlines the issues under the View of the Constitution, then discuss the topics about sports and some of the basic rights and fundamental freedoms, sports and state power or responsibility, while pointed out the limitations of this study. ChapterⅥclosely around the purpose of this study, to seize the human sports right to develop clarify. ChapterⅦ, with the background of the state responsibility of sports,to display how the sports authority disposition and exercise in various countries for protect the development of sports.ChapterⅧtoⅨfor the case study. ChapterⅧset forth the sports provisions of Switzerland, Portugal, Cuba, North Korea constitution, and EU constitutional Treaties, elaborate the impact and inspiration of the the four countries constitutions.ChapterⅨexpound the Constitution of China from late Qing to 2004, the latest constitutional amendment, retrieve the text of the provisions on sport, especially gave in-depth study of sports provision in the current constitution 1982. Finally,clarif the implement of sports provisions in our National Constituion, and the details of power allocation in sports area in ChinaChapterⅩis the conclusion.
Keywords/Search Tags:Sports, constitutional guarantees, global, comparative analysis
PDF Full Text Request
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