Font Size: a A A

Research On Sports Legislation In China From The Perspective Of Comparative Law

Posted on:2018-12-15Degree:DoctorType:Dissertation
Country:ChinaCandidate:X JiangFull Text:PDF
GTID:1317330512493924Subject:Humanities and sociology
Abstract/Summary:PDF Full Text Request
China have enter the stage of comprehensive reform,from The Communist Party of China hold the third Plenary Session of the 18 th CPC Central Committee.The Rule of Law is a important Governance equipment.Communist Party of China opened a new era of the rule of law,from fourth Plenary Session of the 18 th CPC Central Committee in 2014.The rule of law has become the basic way of sports governance.Then,Reform and rule of law have been two important issues for China.As far as sports are concerned,Reform and rule of law are also important to Chinese sports development.The construction of sports legal system is an indispensable part of Chinese rule of law?Enhance the overall level of China's sports law is a necessary condition for Reform of sports system.The rule of law should be the basic way of sports management in China,and it is also the only way to achieve good governance basic problem for In this context,China's sports legislation,especially Revision of "china's sports law" has become a basic problem for development of China's sports reform and the construction of the rule of law.This study from the perspective of comparative law,used literature study,historical research method,comparative method,mathematical statistics method,mathematical economic analysis method to explored sports law legislation in China.This study is divided into 6 parts,14 chapters.The first part is introduction,introduces the research question,the research significance,the value,the research method,the study frame.The second part is literature review.The third part is the research on the basic theory of the sports law,discussed the element question of sports law or sport and law,put forward the national sports law,international sports law and global sports law.The fourth part is the study of sports legislation in china.The fifth part is a study of sports legislation in 20 countries.The sixth part is explore China's sports legislation from the perspective of international sports law.The Seventh part is explore China's sports legislation from the perspective of global sports law.The eighth part is the study of the coordination between the "sports law" and other laws.The ninth part is to construct basic framework of sports legislation of china.The tenth part is to research on the modification of china's sports law.The eleventh part is the conclusion.The conclusions are as follows: 1.Sports law is a unique legal field,which has its own unique legal basis.From the perspective of legal pluralism,sports law can be divided into national sports law,international sports law and global sports law.sports law is a new legal order in the process of sports globalization.2.From the view of comparative law of national sports law,the level of sports legislation in China needs to be improved.There are some problems need to be improved in legislation of sports law in china Through the legislative element comparison also found that China's "sports law" in the legislative purpose and scope,management system,institutional measures,technical standards,legal liability of 6 legislative elements have all been covered,but the "sports law" in the various elements of the content is not clear,there are still many key contents need further increase.3.From the perspective of international sports law,China have participated many treaties and conventions about sports,China should comply with the provisions of the treaties and conventions through legislation.In order to fulfill its obligations,"china ‘s sports law" should to further improve China's participation in the special sports related treaty,and Convention,should be increased to the content of China's participation in international sports exchanges,abide by the requirements of the treaty provisions legitimacy.4.From the perspective of global sports law,china as a sovereign state,need to give up some of the important legal rights in the process of hosting international events,for the right to give up the right,we have to establish a legal process through national legislation.In the field of sports,the state sovereignty obey the rules of the non-governmental international organizations should be clear in the relevant laws of china.From the point of view of the rule of law,the transfer of state rights should have a legal basis in national law 5.It should establish the theory system of sports legislation in china.In the new period,the sports legislation should grasp the new direction of the rule of law in china.Recognition and protection of the Sports rights of citizens is the basic thrust for Rule of Law of Sport.administration according to law is the key to r Rule of Law of Sport?Legalization of sports industry market governance is the fundamental guarantee to China Sports Industry Development.Legalization of sports dispute resolution reflects the level of Rule of Law of Sport of China.Rule of Law of Sport of china in line with international sports law,it can Enhance the Chinese sports influence in world.Through the construction of Rule of Law of Sport of china,we can achieve the Chinese sports good governance,it is The ultimate pursuit of Chinese sports rule of law.6.Specificity of Laws is essential in the legislation,from comparative law.China sports legislation should paid much attention to the difference between “standards” and “rules.” Standards and rules can be visualized as two extremes on a continuum representing the degree of precision of laws.There are a lot of contents that need to be revised in the chapter of ?sports law?,and it is very important to increase chapters of "sports industry" and "sports dispute resolution".
Keywords/Search Tags:Sports, rule of law, legislation, sports law
PDF Full Text Request
Related items