Research On The Construction Of Rule Of Law In Professional Sports In China From The Perspective Of Rights Protection

As a rising green industry,professional sports has a positive effect on the promotion of the national economy,the improvement of the social system and the dissemination of social culture.Under the background of the modernization of national governance reform,speeding up the implementation of the rule of law in professional sports is the content of reform.The core purpose of the reform of professional sports law is to safeguard the rights of professional sports participants and supervise the participation practice obligation,only the interests of the participants to be protected,the main force to participate have the power to practicing the obligations,the new order of professional sports can be established,the reform of the sports industry can be truly implemented.The development of professional sports in our country has experienced more than 20 years of baptism,although the overall situation of its development has achieved good results,but rational thinking people should still see the need for improvement,such as football has been the existence of manipulation of the competition problem,"Changchun Yatai Club sued Chinese Football Association",the field of basketball:H Guangdong Club exiting" and "Shanxi JO YOU transfer stock right event" and "Li Xin contract case" etc due to the absence of the rule of law caused interests damage phenomenon of sports participation,to some extent,it exposes the realistic urgency of the legal construction of professional sports in our country.In this paper,from the perspective of protecting basic roles' rights and interests in professional sports,using the literature data method,logical analysis method,case analysis method,reading the relevant laws and regulations on competitive sports and professional sports from the relevant departments at all levels of China jurisprudential analysis the problems of the absence of the rights and interests protection in the development of professional sports in China for more than twenty years,study the reason of the problems and puts forward relevant prevention measures,Finally,combine the civil law,criminal law and administrative law together in our country and puts forward the development path of the construction of the rule of law at occupation sports in china.Conclusion:(1)The club is the main investor of the professional sports league,It doesn't have the right to manage the league,club limited by association and other departments in accessing to the league,the stock rights transfer and the transfer of players and Other aspects,the rights of players,coaches and spectators need to be protect immediately.(2)Between the club and the club formed a monopoly based on the League agreement.(3)The characteristics of the work contract of the players are in accordance with the provisions of the relevant laws on the substantive elements of the labor contract,however,the relationship between the club and the players has its particularity,if players in accordance with the provisions of the labor contract law exercise of the right to resign will bring huge losses to the club,and cause the confusion of the whole league environment,so we should pay attention to the particularity of the work contract.(4)The association to resolve disputes justice vacancy exists mainly for two reasons:sports autonomy has been the main mechanism of China Association of internal dispute resolution,judicial intervention has been rejected by the sports management;single association general have two kinds of power of public administration and contract management.(5)It is the bounden duty of every citizen to give priority to the protection of the rights of the state,but a simple and crude administrative order has not been able to fully balance the interests of the state and the athletes,it's best to choose contract to defines the interests of all parties to solve interest conflicts between national and personal.Recommendation:(1)In the process of the development of occupation sports,the club manage league matches must abide by the current law of our country;at the same time,legislators should take into account the particularity of sports occupation,given certain legal immunity,such as anti monopoly exemption,permission of the player and the club's labor contract breach clause etc.(2)Give full play to the role of administrative law,criminal law,and severely crack down on illegal and illegal acts in the field of professional sports.(3)In the field of professional sports in China,the separation and balance of power should be implemented,the professional sports management right should be decomposed,and the supervision mechanism of the internal responsibility of professional sports and the judicial supervision mechanism of legal relief should be established.