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Research On The Basic Principles Of Sports Law

Posted on:2018-09-27Degree:DoctorType:Dissertation
Country:ChinaCandidate:X Z HuFull Text:PDF
GTID:1317330518990185Subject:Humanities and sociology
Abstract/Summary:PDF Full Text Request
There are fundamental principles of any departmental law, and sports law is no exception. In recent years, the sports law research mainly focused on the practical application, and is relatively weak in basic theory research. Legal norms and legal principles constitute the rules of law. Although there are some research and debate in sports law basic principle, as the basic theory, in the theoretical circle. But there are no further analysis and inquiry, and there has not yet reached a consensus. Sports law basic principle hasn't play a role in the sports practice and legal practice. The reason might be found in the fact that there is so huge isolation between sports law basic principle proposed by the current theory circle and philosophy research, and there is no clear division between principles, rules and policies .In view of this, this study adopts the research methods of the literature material method, standard analysis method, interview method, comparative research, case analysis and so forth, with"social law" and "legal principle" as the basic theoretical analysis tools. The research contents are as follows:1. Mainly analyzing the sports law attribute through the interpretation related basic theory of the social law. Firstly the feature of sports activities determines the properties of the sports law. Sports is produced by the needs of the people, this need performs at different stage of human development, and the final reflection is the needs of society. Again, argue the essential attribute of social law, define the nature of sports law attribute to protecting the Sports rights, and safeguarding the interests of the whole society. Finally, the use of sports activities in the "Platini" analysis of the particularity of sports law to lead to the existence of the basic principles of the necessity of sports.2. Analyzing the generating mechanism of sports law basic principle and value orientation. First of all, discusses from the generated background, produce way, the existence form, etc, think should refer to "sports law" the text content, fully considering the reality of sports and the direction of reform, according to the jurisprudence theory to determine the sports law basic principle; Secondly,considering the particularity of sports law according to the legal principles of freedom,justice and rights of ultimate value orientation. the basic principles of sports law are more and more used in sports policy orientation, sports public service obligation for the state, personal security aspects of sports rights declared and guiding role, sports law basic principle which contains the values of fairness and justice and social standard.3. Analyzing and evaluating the study of the current sports law basic principle based on the above summary. We can say: not all "principle" put forward by the predecessors' study conform to legislation technology characteristics in sports law basic principle. Considering the universality of sports to the world, so we should rule out the basic principle pointing to China's policy; Law principle of class is limited by backwardness of "sports law" in China. Some basic principles are inappropriate, lack of integrity and long-term; The principle of practice of case classes is influenced by the particularity of the diversification of sports activities and sports law, leading to some basic principles can't cover all areas and aspects of sports law; The principle of function value classes is influenced by the sports value orientation ,the understanding is so inaccurate, not in place, not unified, so some principles is difficult to clear the occurrence of specific sports legal relationship, change and eliminate..4. The basic principles of sports law and the practice of the use of the basic principles of sports law research is not a random process, but also need to follow certain rules and regulations. In accordance with the basic principles of sports law legislation and technical characteristics, try to put forward the principles of Sports Rights Protection, Sports Fair Competition, Sports Harmonious Development, Sports Organization Autonomy, Sports Promotion and other five basic principles. This system is gradually improving the process. The establishment of the basic principles of sports law, for China's sports law legislation, justice, law-abiding, theoretical research to provide reference and reference.5. Research summary and outlook. It is not the purpose of this study to study the basic principles of sports law. In turn, it is the focus of this study to design a set of principles to extract and identify the model or mechanism, according to this mechanism to deduce and prove. This kind of research provides a way of thinking about the principle of thinking in terms of the whole sports law system.
Keywords/Search Tags:Sports, Law, Basic Principles
PDF Full Text Request
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