The Status Of The Sports Law In Our Legal System

The development of undertakings of physical culture and sports of the socialism with Chinese characteristics new system establishment, the inevitable requirement of constructing co-responding complete law system. According to the eighth National People's Congress by the fourth session of the People's Republic of China national economic and social development in the ninth five-year plan and the 2010 long-range goals clearly outline the tasks and demands, the former national sports explicitly pointed out, establish a complete system of sports in China is the construction of legal system of sport goal [1]. However, since 1995, law of the People's Republic of China promulgated for implementation, although increasingly strengthen legal construction of sports and sports law research also has made new progress, but because of the sport law starts late, the research achievements, research methods and other legal subjects compared with a large gap still exists, especially the theoretical study of the weak, largely in the sports backward legislation, the direct effect is more than a sport field of existing legal blank, many sports events, cannot be explained from the legal theory and confirmation. Thus, facing the international and domestic markets, facing the rapid development of China's accession to the WTO and the Beijing 2008 Olympic Games, held in sports as legal research should enter deeper.According to other department and legal development experience, to construct conforms to our country sports development needs of the sports system, we must establish the sports system in our legal system, namely, whether has the independent law position, can guarantee sports rational system of rules and regulations, coordinate and integrity of the sport law, and the research and practice of important theoretical guidance value [2]. Therefore we cannot expect until all kinds of sports laws and regulations, and gradually to the theoretical study, summarizing what to think what belongs to, should be in what position, and other legal departments shall be in reference to the research results of the research methods, and actively research institute of the sport law, which is the historical mission of shoulder. This law should be established as the independent law in our legal systems, which directly related to the development of the sport law and direction and processes. This paper analyses the legal status in different periods of different views about sports, sports status of research, analysis of the academic achievements in China are concluded in several theories and points out the status of their deficiencies. And then, the law is an independent department, because the original legal department division standard is to adjust the object and adjusting method, due to the adjustment is vague, or as well defined, so, supplemented by adjusting method. To change this situation, now should emphasize more adjusting object, weakening of adjustment, and the adjustment method to redefine the object.In this paper, using the traditional legal system theory and method of value of popular sports, the feasibility of the independent status of law makes a preliminary demonstration.Finally, to establish the indispensable status of the law in the legal system, systemization should be taken into the sports law. In order to improve the system of law, still must introduce has summarized sports legal principle. As the basic rules of sports, sports legal principle elements as law system, domestic and international sports development in the new situation of the law system, to maintain the healthy development of sports laws progress.Are established in the legal system in China, is to establish the development of sports industry needs are the inevitable requirement of system shall be as our country sports is an important topic to study law. In the period of our country's legal system, perfecting social sports, the demand for scientific and reasonable establishment of sports in our legal system of independent law position, the developing direction and processes are of theoretical guidance value.The department of law position, with this subject has so many experts and scholars before I did a lot of excellent work, I finished this article, it should be said that just stood on their shoulders made some integrative work, expressing my deep respect and appreciation to them!...