About The Constitutional Construction Of Sports Right In China

Sports right is a comprehensive right which is derived from the relevant regulations of Constitution and Sports Law. It has the attribute of basic constitutional rights, belongs to the category of basic rights. With the development of sports cause and the increasing public’s consciousness of right, sports right has drawn wide attention. However, most domestic scholars take empirical researches of sports rights based on the Science of Sport Management and Science of Sports Law, ignoring the existing value of sports right as a basic right. The author, from the point of the constitutional law, constitutional constructions our sports right, back to the basic right itself. Its theoretical basis and historical origin as well as its concept, structure, function and specific right system are all included in this paper. In addition, the author also puts forward reflection and review of the existing system deficiency for its fulfillment, hoping that will be helpful for its realization and improvement.This paper is divided into four chapters, that is, theoretical basis and legal origin, the connotation and function, the system and the realization of the basic right of sports. The author will discuss and analyze the constitutional construction of the basic right of sports from those four aspects. In the first chapter, the author states the theoretical basses and historical origin of the basic right of sports. The theoretical basses are:ethical basis, philosophical foundation and constitutional basis. The legal origin contains the changes and development of sport basic rights, which is demonstrated from the perspective of legal norms, combing International sports files with domestic legal system.In the second chapter, the author discusses the connotation and functions of sport basic rights, namely, the connotation, structure and functions, based on constitution.The third chapter mainly focuses on the right system of sport basic rights. The author discusses its right system as a constitutional right from the following six aspects:equal rights, Labor rights, right of association, right to live, right to education and cultural rights.In the last part, from the perspective of rights realization, the author analyzes the existing system deficiency and obstacles. Through improving that, the author hope better ideas and reference will be provided for better realization of the basic right of sports with better institutional guarantee.