On The Legal Study Of The Right Of Elite Athlete

In order to strengthen the protection of the rights of the athletes group and toimprove the legislation of main sports rights, this study shows the research on theimportant subject of competitive sports, the rights of elite athletes, from theperspective of jurisprudence. Research methods include interviews, case analyses,and surveys.The logistic masterstroke of the study has been arranged in this order: First, theanalysis of the rights of publicity of the current era. Second, the research on the rightsof the elite athletes combining with their particularities in three developing states: thedeserving right, legal right, and the actual right. Third, the protection laws andregulations of the rights of the elite athletes, and the analysis of the elements ofinfringement and responsibility of the rights of the elite athletes. Then, discussionabout the other sides of the rights of the elite athletes—social responsibility. Last,conclusion.The study reveals that with the development of China’s society and economy,there is higher demand for rights, democracy, and rule of law. Thus, stressing onrights and ensuring the rights according to law are becoming the trends of socialdevelopment. All of the advent of the society of sports, the construction of strongsports country, the requirement of constitutional society, and the impendency ofmanifestation of rights has put forward higher demand for legal protection of therights of the elite athletes.The reason of using the elite athletes as the object of the study is that they are thecompetitive sports talents and the main gainers of the best results of the competitivesports. They have special features such as strong professional characteristic, smallnumbers of participants, and large age span. They also face some problems like theinjury of the high risk occupations, opportunity of second jobs, high attention ofsociety, and acuity of rights. Meanwhile, these problems can be used as the model ofthe protection of the rights of all athletes.The deserving right is the refection and the method of value affirmation ofself-awareness and needed benefits of the elite athletes in the current social conditionsin our country. It is not only the logical starting point of the generation of the rightswithin the system of the athletes’ rights, but also the objective basis and the importantreference of the rights of the elite athletes and the protective laws of the athletes’rights to the legislator. The deserving rights of athletes are involving at least threeparts: the rights one should enjoy as a natural person, the rights one should enjoy as aprofession, and remedy rights The statutory right is the primary form of the rights of elite athletes. Thestatutory right of the elite athletes is the evolution from the ideal rights to the realrights. It is also the logical evolution of the concept of rights and the result of thecommon pursuit by the excellent athletes, government and society. As a statutoryright carrier laws, the promulgation and effects reflect the course of the developmentof the rights of China’s elite athletes. Throughout the past thirty years, China hasissued policy document for the elite athletes. It reflects the progress of the rights ofthe elite athletes and of system.For elite athletes, the importance of rights is whether there are benefits derivedfrom the rights, which are also named the actual rights including the realization of therights. The actual rights consist of the rights of elite athletes which they can reallyenjoy, the benefits they have been realized, and the demands of the appeal. Thesurvey found that there are still many problems with the realization of the rights ofelite athletes. Referring to the interviews of the veteran athletes, some problems willaffect the long-term development of competitive sports if they cannot be resolved.The problem of the right of elite athlete’s personality is mainly addressed onmanagement. Although the management of elite athlete’s right of personality is theimplementation of the contract, the substance does not change. The athletes still haveno right to independent development. To ensure the right of elite athlete’s portrait hasbeen protected, the management of image rights of elite athletes should not benationalized, and the usage of civil subject with equal status should be non-profit, oris infringing.The rights of life and health are the basic rights of the elite athletes. When eliteathletes encounter the event which is conflict with the rights of life and health, itshould not only allow elite athletes to take self-sacrifice, but also allow them to adoptthe implementation of self-protection. The gold medal socialist weakens theimportance of elite athletes’ rights of health. However, with the development ofsociety, the humanistic spirit begins to be concerned in the realm of competitivesports. The protection consciousness of elite athletes’ rights of health has begun tochange.The right of education is a fundamental right of minor elite athletes. Prematurespecialization makes many elite athletes lack of cultural education. The realization ofthe outstanding athletes’ right of education requires not only the state, society, schools,guardians and other obligations to provide the appropriate conditions, but also theactive assistance of the excellent sports teams.All of the acts including improper behaviors in training, selection, competition, bribery, gambling, and damaging endanger the fair competition right of elite athletes.However, for some phenomena in competitive sports, there is still difficulty to judgebetween law and morality.Acquisition and management of the right of status of elite athletes confirm thetransformation of the management of elite athletes from status to contract. Theregistration and selection of elite athletes are the conditions of the realization of theright of status. The system of planned registration and exchange restricts theindependent transfer of elite athletes. Respect for the elite athletes’ property right ofhuman capital is the protection of the transfer right of elite athletes.Job placement has been a problem in the development of athletic sports.Although there are a series of formulated policies of elite athletes, there are stillenormous obstacles of the right of job placement of elite athletes. Underemploymentis the biggest problem in the job placement of the elite athletes.Open admission of university study is the preferential benefit to the outstandingathletes. But the realization of this right is restricted by eligibility. Moreover, there arecomplicated procedures to exercise the right. Even if the rights of elite athletes havebeen achieved, the effect of learning is also very unsatisfactory.Elite athletes who have been injured or become disabled in training andcompetition shall enjoy adequate treatment and economic assistance in order toprotect their lives. In addition to strengthening the necessary movement of protective,recovery, and therapeutic measures, scientific training and competition, it is alsonecessary to establish a set of security systems with occupational characteristics anddisabled characteristics to protect the elite athletes after retirement, occupationalinjuries and diseases. As a result, they can enjoy a timely and reasonable treatment inaccordance with the law. Meanwhile, it is appropriate to improve the standard ofdisability compensation and guarantee the basic living of elite athletes.Elite athletes’ relief right is the protection of its original rights, including theright to apply for mediation, to apply for arbitration rights, right of action, the right toappeal. In practice, however, the elite athletes often encountered the situation thatnobody can handle the complaints. Establishment and improvement of relief rightsprocedure is effective to rights protection of elite athletes.Violation of the athletes’ rights is a particular area of tort, which should have thesports elements. Because of elite athletes’ attributes of the occupation and publicity,the rights protection has certain restrictions. Responsibility for violations of the rightsof elite athletes includes civil, administrative, criminal and national liability.Legal protection mechanisms of the elite athletes’ rights and interests include legislative mechanisms, enforcement mechanisms and law enforcement mechanisms.Current law for protection of elite athletes’ rights and interests is incompatible withthe level of sports development as well as social development. Implementation of thestatutory right, improvement of rights legislation and awareness promotion of theirrights needs great attention.The rights versus obligations and responsibilities are always the same breath.When emphasizing rights, elite athletes should take the obligations andresponsibilities. In addition to complying with statutory obligations and legalresponsibilities, elite athletes should demonstrate professional ethics, social ethics andfulfill the social responsibility.