| The rights in sports are the same basic rights for citizens as political social and economic rights, playing a core and foundational roles in the construction of laws and rules of sports. It is necessary to construct and perfect the mechanisms of rights in sports to develop our sports enterprise healthily and orderly and to achieve prefect transformation from a major sports country to a sports power. Undoubtedly, there exist many deficiencies in ensuring citizens’rights in sports in legislation practice and theoretic researches. Therefore, the construction of a complete and operable system will significantly guide theory and practice as well.The dissertation launches its research by adopting such means as combining document literature, experts interviews, case analysis, theoretic researches with field researches, and historic researches with comparative researches, methods as normative analysis and value analysis. Taking philosophy, sociology, law and other disciplinary into consideration at the point of rights, some basic theoretic problems such as definition, connotation, and characteristics of citizens’ rights in sports and the reasons of present situation will be discussed. Based on relevant reference from developed sports countries, like America, Japan, Eastern Europe and Western Europe, this dissertation will further make some feasible suggestions on sports legal system reform and perfection of citizens’rights guarantee mechanism.The research shows that1. The rights in sports are fundamental rights with basic human rights attribute, and is the core content of legal construction in terms of sports. Its mechanism construction, on one hand, will lay a solid foundation for promoting a healthy development of sports undertakings; and on the other, is the inevitable course to improve people’s physique and further construct China into a world sports power. The first creative point of this paper lies right here.2. The rights in sports is a means to gain benefit from sports in the course of taking sports activities. Different from other kinds of rights, it is a rights collection that encompasses multiple subordinations. The subjects of rights are extensive in enjoying positive rights in sports. Generally, three elements of rights are included:rights to freely participate sports activities, request for sports facility construction and acquire rights protection. The second creative point lies here.3. Since the foundation of PRC in 1949, China has attached great importance to the developing of sports enterprise, as well as the protection of civil rights in sports; thereby having achieved great achievements in social, competitive and school sports. However, China still faces a principal contradiction in sports enterprise, that is, the contradiction between relative deficiency in sports resources and an increasing demand of majorities for sports. In addition, sports presents an uneven development in different regions; some basic conditions reliable for rights in sports exercising as sports fields and facilities are inadequate; and equal rights in sports are difficult to realize.4. Since the reform and opening up, China has made considerable progress in law construction of sports. Gradually in shape is the basically comprehensive sports law system:the Constitution, sports law, relative administrative regulations, department regulations and local laws and regulations jointly comprise a hierarchy system. Much of the content about these laws are involved with citizens’rights in sports in a direct or indirect way. However, it is still far from being a perfect sports law system in realizing people’s demands for fully guaranteed rights in sports. Its shortcomings are mainly reflected in such aspects as:failure to make a definite stipulation on rights in sports,.incoordination in relevant regulations, not so specific in law making, weak in practicality, and imperfection of some important contents and regulations for guaranteeing rights in sports.5. Realizing and guaranteeing citizen’rights in sports has long been a consensus in law making among international community, and many international documents specifically stipulate rights in sports as human rights. In developed western countries, not only the realization and guaranteeing of ordinary citizens’rights in sports but also those of special communities are all compassed in their laws. Enhancing the practicality of law regulations concerning rights in sports has become a developmental trend for world lawmaking of this area.6. The guaranteeing of citizens’rights in sports is a systematic project, requiring building a comprehensive and organically united law guarantee system of rights, which contains legislation, enforcement, legal relief and law abiding. Speaking from the perspective of legislation, lawmaking of rights needs to abide by three principles: equality, balanced development and public engagement; and the legislature are responsible for building a legal system centered on rights in sports by renovation. Speaking from the perspective of enforcement, to perfect management system and mechanism is necessary. Speaking from the perspective of legal relief, it is significant to probe multiple remedies in terms of remedy approaches, organizations and procedures. Speaking from the perspective of law abiding, raising law awareness of citizens and making efforts to realizes’rights in sports can endeavor in two aspects: enhancing citizens’knowledge on motor skills and awareness of rights in sports. Here lies the third creative point of this paper. |
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