On Students Sports Rights

In order to safeguard the rights of students in sports, to curb the decline of students’physique, through the literature material method, the method of contradiction analysis, logical analysis, by dwelling on the rights of students in sports in6aspects, we draw the following conclusions:First, the source theory of students sports rights. Right is the cause of justice, safeguarding human rights is to safeguard the just cause. The fundamental task of sports is to protect people’s sports right, the fundamental task of school physical education is the maintenance of the rights of students in PE. Students rights derive from the international laws, protected by constitution, education law and compulsory education law, sports law and other domestic constitutional law at the same time.Second, main theory of students sports rights. The student is the main part of teaching activity, being in a dominant position in the relationship between teachers and students. Students are the main part of sports rights, the teacher is the main part of its corresponding physical obligations, the rights and obligations relationship can not be reversed.Students sports rights are complex, including human rights universality and children, learners particularity. Therefore, the students’sports rights have priority, maintaining the rights of students in sports is a teacher, the school, the government’s obligations and responsibilities. Physical education is attraction rather than coercion.The third, ontology of students sports rights. For quite a long time, the students’legal rights are greater than their actual sports rights, the students sports rights are dummy. Athletes sports rights are greater than their legal sports right, having sports privileges and waste of resources. Sports rights franchise phenomenon is the inevitable outcome of the national sports system.Therefore, Youth health decline is the inevitable outcome of the national sports system and test-oriented education, network technology era and the one-child family structure. In the field of sports, no site is no right, no technology is no right, no time is no right, no partner is not right. Students sports rights factors: technology, partner, time, space. In a certain period of time, in the family, parents should act as a partner of the only child. In the school sports, setting up the students sports rights sense is necessary, achieving the rights of students in sports.Fourth, student’s sports rights balance theory. The State Sports System balances are the guarantee of students sports rights. The school sports facilities were in the shortage of funds. In athletics sports, waste is serious, the gold medal is supreme. Only the effective balance can guarantee the student sports interests.School sports facilities are fully the nature of public goods, whose funds the government at all levels should be responsible for, and in the form of legislation. Community sports venues are quasi-public goods, they should be under the government and the market management. Athletics gold medal and service are private goods, which should be market-oriented, the government should withdraw from competitive sports and professional sports.The fifth, litigation theory of student’s sports rights. No litigation, no rights. At present, the huge compensation of school sports injury accident litigation seriously hindered the development of school physical education. National student sports accident insurance system urgently needs to be established. At present, the students sports rights lack can not be litigated, from a more macro perspective, the national sports system deprives the students of the rights in sports venues, funding; exam-oriented education deprives students of exercise time; the one-child policy deprived students exercise partner; network technology encroached on students physical space. Students sports rights litigation promotes the education resource system and physical system integration, maintaining students rights in sports.Sixth, the students’sports rights relief theory, no relief, no right. The social relief, administrative relief, judicial relief are4ways of the students’sports rights relief system, establishment of information feedback system in sports is a workable scheme of the student self-relief and the administrative relief. Sports volunteer service is one of the ways of students sports rights relief.