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Analysis On The Comparative Study Of Recent Sports Law In China For The Construction Of Systematic Research Frame

Posted on:2008-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:X L ZhangFull Text:PDF
GTID:2166360242963816Subject:Humanities and sociology
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Comparative study is a common feature among different research fields such as comparative law, comparative literature, comparative economics, comparative politics, comparative linguistics, comparative education, and etc, where it has taken very significant position in modern scholastic development. Conducting the research in a comparative way could be commonly found in above fields, in other words , the comparative study mode and methods are its main methodology.Since China's reform and open to the outside world, along with the rapid development of our socialist economy and the construction of our legal system, the methodologies of comparative research in law study are widely accepted, especially the comparative legal studies have been deeply investigated in some special jurisprudence fields. By digging out the commonness from individualities, the comparative legal studies are searching for the universal rules from the respective ones, which can be considered as a burgeoning subject of super-state, super-regional and super-national law science. It is also the necessary means of promoting the advancement of each nation's legal system in order to achieve the amalgamation. Concretely, it focus on the study of foreign legal systems while use it for the reference of improving our country's legal system by investigating the common rules of law science of humankind, which can create inter communication between different countries' legal system, thus lead to the common regulation of the world. It is also an inevitable rationalistic path that could introduce the world change into Great Harmony.The Olympic Games will be held in Beijing in the year 2008, which representing the revival of our nation. In view of the flourishing development of physical culture and sports industry, the exploring of legal theory for the industrialization of sports business and its related legislation is urgently needed. Therefore, introducing the theories and the methodologies of comparative legal study into the specific study of sports law is an inevitable trend, which could be a prerequisite in establishing the jurisprudence system for the comparative study of sports law.Through widely search and thoroughly analyze the reference materials and information in the research field of sports law and comparative sports law, this thesis has found that although there are a few papers that focusing on the comparative study of sports law, there still exist a large intact area need to be investigated, especially when viewing on the subjects of many sports related legal issues and the application of comparative study methodologies. As entering this field in a short time, the jurisprudence theoretical system of sports law has not yet been established in our country, consequently the recent researches in this field are still limited. Most of the papers have merely respected the jurisprudence as well as the legislative thinking and the methodology study, by narrowing its study on the comparison of detail context of specific laws and the law terms, so that these research activities still need to be normalized. On viewing this situation, the author is aim to probe into the comparative theoretical study mode and its methodology study through the angle of normalization, hence applying the theory and its methodology of comparative study. Based on the reference literature study by means of statistics, induction and analyzing, the author has innovatively presented the idea of how to establish the framework of comparative legal study in the domain of gymnastics, physical education and sports while open up a new path for the further study of sports law.Today, whether it belongs to the Continental Law system or the British Law system, every country in this world has provide certain significance on the absorbing of good laws and legislative principles from other country, which indicates the synthesizing of their different legislation and their legal study, hereby the comparative legal study has become an effective way to achieve this goal. Therefore, the development of sports law in our country should join the path with the advancement of the world legal science through amalgamation. For the purpose of well absorbing and referencing, the consummating and reviving of China's sports law should based on the deeply understanding of other country's advance experiences and their research fruits. So that the scope of comparative legal study of sports law should answer for such a trend by initiating deep research on the study of sports law and the construction of related legal system, in order to improve our legislation system and our law study in the field of sports and physical education, thus to present significant consult value for the promotion of further development.This paper include following main parts:In the first part, the author has expounded the research objects and its meanings. In part 2, the methodology of this paper has been explained. Part 3 has focus on the basic issues of sports law which include the basic concepts, the sports related legal system, the jurisprudential theory of sports and its practice .The 4th part has expatiated the connotation of the comparative study as well as introducing some qualitative and quantitative analysis methods that can be applied in the comparative study of sports law. In part 5, the methodology of comparative legal study has been thoroughly investigated. Part 6 has given the emphasis on the application of comparative legal study methodology to the research field of sports law, while the meaning to conducting the comparative study of sports law has been deeply elucidated. In the 7th part, the author has exerted great effort on the searching, comparing and analyzing the reference materials and the information recently available in the field of sports law and its comparative studies. In part 8, this thesis has made out some conclusions and suggestion In part 9, the author has brought forward a basic frame for the establishing of jurisprudence system of comparative sports law, which will benefit the systematic research on the comparative legal study of sports law. In the last part, the author has also given some anticipating on how to conduct the comparative legal study in the field of sports and physical education subjects in the proceeding researches.
Keywords/Search Tags:sports law, comparative law, comparative study, methodology, jurisprudence, system of comparative sports law
PDF Full Text Request
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