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Protection Mechanism Of Athletes' Rights

Posted on:2015-05-28Degree:DoctorType:Dissertation
Country:ChinaCandidate:K K QianFull Text:PDF
GTID:1316330428974924Subject:Sports Law
Abstract/Summary:PDF Full Text Request
Athletes'rights have not become a legal concept, and the concept should be research from the perspective of jurisprudence. It is necessary to use the method of bibliometric analysis and document content analysis to analyze the main academic viewpoint, status and characteristics of athletes'right.The former one does some study on the distribution of literature, the background information, and journals attentions, the latter on their structures and contents. Athletes'rights is the product deepen from the right to special right. It means the freedom of athletes'equitable participation in competitive sports and their benefits. Form the content dimension, athletes'right not only limited to their participating in the game, but also covers other rights which is associated with sports. From the time dimension, athletes'right runs through the whole life of athletes'career, which includes the related rights of professional access and after exiting career. From the achieve dimension, it is not a static concept, but a developing one. It holds a gradual evolution with the change of competitive sports; in fact, it is in the process of updating from proper right to legal right and practical right. In a classification framework of civil and political rights, it includes the freedom from forced training and participating in sports and the freedom to participating in trade unions. While in a classification framework of economic, social and cultural rights, it includes the freedom of job security, life and health, cultural education.The value of the rights of the athletes is that it may meet athletes'need. After building the right system, it may help to maintain the social order in sports area, ensure the freedom of right subject and realize the interpersonal justice. Sometimes the values are in conflict because of diverse subjects, varied shapes and different spaces. But they can be integrated by the way of comparison, sort and negotiation.To protect athletes'right is to rely on soft mechanism and rigid mechanism. On the first level of soft mechanism, aid mechanism works by making sure which are the aid group and what project they need. It helps to change the sportsman's poverty of economy, knowledge, and rights. On the second level, with the dual role of internal and external forces, empowering mechanism get the state of empowerment of athletes. On the third level, according to athletes'needs, inventive mechanism motivates sportsmen by providing bonus, increasing the chance for participation, and giving awards.Rigid mechanism is the protection and error correction of soft mechanism. Firstly, in specification mechanism level, physical specification together with legal norms interact in sportsman's life, and provide a whole system of fair and uniform norms for them. Secondly, in the evaluation mechanism level, it is important to establish a indicator system about the political, economic, cultural and social rights of athletes. It contributes to indicate the status of training, competition, education, livelihood and security of sportsman and to evaluate the achievement of athletes' right. Thirdly, in the relief mechanism level, athletes achieve their rights by the way of private relief, social relief and public relief.
Keywords/Search Tags:Athletes' Rights, Protection Mechanism, Soft Mechanism, RigidMechanism
PDF Full Text Request
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