| The construction of the legal system in school physical education is a guarantee for sustainable development of a country’s physical education. It experienced full of twists and turns since the establishment of New China,1949. And it made some achievements, but meanwhile, its problems are obvious also. Therefore, it’s imperative to improve the law construction of school physical education. However, Japan has abandoned militaristic physical educations, and got a lot of support from America since the defeat in World War II, 1945. In addition, Japan’s self-endogenous capability is very strong, thus, it has finished the construction of the legal system in school physical education early in the end of 1950’s, which shows a high level of law and regulation and amends timely. Although Japan’s state system, regime, legislative right and institution are differ from China’s, the physical education has its own regular pattern of development which can be reflect on the legal constitution activity if from the point of cultivating talents. There must be some regularity which can be studied through comparison to be used by us. Thus, I choose the ‘Studies on the construction of the legal system in school physical education between China and Japan’ as its title.Firstly, this study use the literature data and analysis method to collect literatures, laws and regulations that associated with physical education of China and Japan. And then it analyzed and comparative studied the history achievements and problems of the construction of the legal system in school physical education both in China and Japan. The results are as follows. The history of Chinese construction of the legal system in school physical education can be divided to 4 stages: 1949~1956, the initial stage; 1957~1966, the slow development period; 1967~1976, the chaos period; 1977~ now, the comprehensive development period. The achievement can be concluded as below: the legal system of school physical education has formed preliminary; the level of laws and regulations has been improved gradually; the field of legislation has been expanded little by little. The problems are as below: the legal system of school physical education is still not perfect and coordinated enough; the whole level of laws and regulations are still low and with weakly constraint force; the contents of laws and regulations are not wholesome enough which’s didn’t stand out its key point; the modification of laws and regulations are lag behind and lack of supporting measures, which results in low maneuverability; the laws and regulations didn’t link up by each other. There are four stages of the construction about school sports legal system in Japan: 1945-1957: school sports legal system in the period of life sports; 1958-1977: school sports legal system in the period of physical education; 1989-present: school sports legal system in the period of personality and ability. Achievements: School sports legal system became completed, comprehensive and coordinated; The legal level was in high effectiveness and high grade; The amended law achieved on rigorous, adaptation and strong operability; The contents of the legislation were widely and key highlighted; There is correlation, cohesion and unity among laws. Finally, we did the comparative research on the agreements and differences of schools between China and Japan about sports legal history, legal system, regulatory level, legislative content and modify supporting. We summarized following revelations for modification: 1) We need to learn from the Japanese experience about the combination of accepted foreign laws and self endogenous; 2) To learn from the experience about the combination of sports law construction and demand of schools in Japan; 3) Reference to the perfection and coordination of the sports legal system of school in Japan; 4) According to the schools in Japan, we suggested to improve school sports administrative levels of effectiveness and the key contents of the legislation; 5) Learning the formulate rules for the implementation of school sports laws and regulations supporting in Japan; 6) Learn from Japan getting through the legislative channels of school sports laws and regulations in repairing, revision and cancellation. |
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