The Definition And Scope Of The Sports Law

The definition of"sport"is the premise and base of discussing the conception and area of the sports law. At present, there is no exact answer in the filed of studying sport, and there are many different ideas of it, we believe that we should understand the"sport"with the broad sense. That's to say the"sport"does not only include the physic education, but also include the athletics and popular sports. There are some different views of"sport"in the filed of the law. The sports law of PRC, which is one of our present laws, does not give a rigorous definition of sport, and it holds the view that only the sport action is the area that the sports law regulates. With the view of the law, the extension of sport should be less than the generalized conception of sport. It is well known that the sports law is existed, and it has been proofed that the self-governed subject. So the sports law should be the floorboard of the rules used by the parties to regulate their relationship. These rules have characteristics of various kinds, autonomy, specialty, internationality, culture, tradition, and the force brought by the no-public power, and some of them have become to a part of the sports law of PRC by the legislation, which have the public power force.The sports law has its own characteristics, and the first one is the various kinds, which manifests the various kinds of the origin of the sports law and the effectiveness. The second one is internationality, and the internationality of the sport decides the characteristic of internationality of sports law, and the international sport law has come into being. The third one is the technique. As being the special action, the sport's technique decides the sports law has the characteristic of technique. The sports law has its own special research scope, and the sports law textbooks of our country have different ideas of the scope of the sports law, however, all of them have some discussion on the types of sport, which is too extent to be a system, and they also have many weaknesses. In the overseas, such as America, England, Canada, Germany, and Japan and so on, there is an extensive boundary of the scope of the sports law. The thesis of the sports law has been wildly discussed in different kinds of sport books in the foreign countries, which can enlighten us to construct the subject system of our sports law. We hold the view that the scope of the sports law should include the basic theory of the sports law, the substantial law and the procedural law of the sport. And the basic theory of the sports law includes the study of the definition, scope of sports law and so on. The substantial law of the sport includes the sport constitute, the sport civil law, the sport criminal law, the sport administrative law and so on. The procedural law of the sport should include the procedure that dissolve the inside tangles of the sport guild, the sport mediation, the sport arbitration and the sport litigation and so on.