On Students' Sports Rights In China Laws

In the process of promoting the rule of law, sports rights become the important themes of the academic research. Sports rights research has obtained the more effective research results, but students' sports rights legal certificate and practices still need to be strengthened. In “sports law” of China, sports are divided into three big categories, social sports, school sports and competitive sports. School physical education is an important part of our country's sports, students' sports rights are of the important subject of sports rights, student sports rights are constantly with development of the rule of law in our country' sports development. This paper uses text analysis, logic analysis method, case analysis method and the method of interdisciplinary, from the viewpoint of the concept, the connotation of sports and sports rights, which can identify the sports provisions of the constitution and relevant laws, to analyze and summarize the content of the students' sports rights, to prove students' sports rights in the laws, combining the actual cases of damage to the students' sports rights, suggestions of protecting the sports rights of students are put forward.By studying we can draw the following conclusions:(1) Students' sports rights are sports personal right, sports property right, equal rights of sports, right to know sports information, right of sports education guarantee, etc.(2) The legal system is not perfect. Too much legal source of the students' sports rights, most of the source belongs to the laws and regulations, so the effectiveness is lower and fragmented; The legislation focuses on responsibility and authority of government and school, rather than students' rights, mostly uses declared language, meaning is less clear. Too many students' sports rights protection body, but lax law enforcement, the law enforcement body mainly are the governments at different levels, the administrative department for sports and education, etc. The responsibility of the law enforcement body is not clear when the students' sports rights damaged, thus lack of supervision; Relief system is imperfect, the sports rights damage relief system roughly is to appeal to the school, the education administrative departments, government agencies, or lawsuit and arbitration, etc. But all these ways cost for a long time, and authority is not high; Students' sports rights damage need to compensate, but most schools have no special compensation, which has affected the students' sports rights relief.(3) The security duties of schools are not with due diligence. Security duties of school are not with due diligence, the school sports facilities are not up to standard, etc.(4) Students cause themselves hurt. Students' physical quality is poor, lack of self-protection ability, without authorization or in violation of sports discipline to do sports or do project beyond their ability range, and so on.We can put forward the following suggestions according to the above problems:(1) Perfecting the legal system of students' sports rights to protect the sports rights of students in an all-round way.(2)Enhancing specific legislation to improve the legal effect and status.(3) The laws focus on students' sports rights directly.(4) The main body of students' sports rights protection should be the educational administrative departments.(5) Perfecting the relief system, improving the efficiency of students' sports rights, decreasing the cost of rights.(6) To explore the security system, setting up students sports injury compensation for students' sports accident.(7) Increasing state investment, improving the sports facilities. School security responsibilities should be strict.(8) To strengthen the sports common sense education and sports discipline education, to enhance students' physical quality step by step, to improve students' ability of self-protection.