Analysis Of Violation Of Middle School Students' Physical Education Rights

It has been pointed out in "Decision on Deepening Reformation of Education and Forcefully Pushing Quality Education Issued by the Central Party Committee and the state council" that school education should set up the guilding ideology-health is first, strengthen the PE work in real earnest, ..., ensure the time of PE lessons and extracurricular sports activities, and prohibit occupying the time and ground of sports activities. "Law of the People's Republic of China on sports" and some other laws and regulations have also made a lot of rules related to middle school students' PE rights. PE rights are fundamental to middle school students as citizens. However, up to now we haven't seen any research report about middle school student's PE rights and violation of middle school students' PE rights. So, To study in the PE legalistic field is a new try, and the research on violating middle school students' PE sport rights is bound to produce a certain active influence on implementing the policies on managing sports and education under laws, forcefully pushing quality education, and better protecting the legal PE rights of middle school students.The task mainly applies literature investigating, interviewing, discussion, questionnaire, statistics, case analysis, reasoning and etc. The research on rights, laws and regulations on middle school students' PE rights shows the PE rights of middle school students refer to dynamic means by which, in sports activities under the laws and regulations, they take or do not take some actions, or require other people to do or not to do so to meet their own benefits. It concludes the right to physical education, the right to physical property, the right to human body in sports activities, and the right to freely choose sports activities.After surveying middle school students from Hunan and some other provinces, middle school PE teachers and some administrative cadres, we found that the phenomena of violating middle school students' PE rights exist in varying degrees in different types. From the concrete contents, there are four types: violation of middle school students' right to physical education, violation of middle school students' right to physical property, violation of middle school students' right to freely choose sports activities. Each type has its own manifestation. Constituting the violation of middle school students' PE rights must have four elements: illegal action, true damage, causality between illegal action and true damage, and subjective fault of violator.The Analysis shows the happening of violating middle school students' PE rights reveals that in our country the sports legislation system is imperfect, the law supervision system is not effective, people's legal awareness is weak, and people's sense of sports legal system is poor. To protect middle school students' PE rights, firstly, we should have clear ideas of middle school students' identity and their legal status, and foster proper concept about modern middle school students, secondly, we should speed up the construction of necessary sports legislation, build a perfect sports laws and regulations system. Besides, we should strengthen the whole nation's sports education in legality and amplify the supervision mechanisms of sports laws and regulations.The research reveals the violation of middle school students. It's of great value to protect the proper PE rights of middle school students and also of great theoretical and practical significance to foster healthy socialist members who can meet the requirement of the twenty-first century's modern construction.