| In recent years,China's sports industry has vigorously developed,and has made a smooth transition from a "sport country" to a "sport power".In the meantime,the social security system has been increasingly perfect,and a relatively scientific mechanism has established in many aspects covering employment,education,medical care,and insurance.At present,the social security of athletes has relatively focused but the large group of special athletes who have suffered from congenital physiological defects or training and competition injuries has not received the attention they deserve.Ensuring the realization of the rights and interests of special athletes is determined by the characteristics of special athletes who are relatively inferior to the average athletes but have professional level.It also reflects the humanistic care of the special athletes and conveys the courage to fight and never abandoned the Olympic spirit.At the institutional level,China has now promulgated the Law on the 'Social Security of Disabled People in the People's Republic of China','the Sports Law of the People's Republic of China and the Social Insurance''Law of the People's Republic of China',the 'Notice on Further Strengthening the Work of Athletes' Protection',the 'Interim Measures for the Employment of Athletes'.'Guiding Opinions on Further Strengthening Athletes' Cultural Education and Athletes' Protection Work'and 'Financial Management Measures for Athletes' Special Funds'and other normative documents.At the organizational level,China Disabled Persons' Federation and China Sports Fund and other organizations such as the Sports Fund Raising Center help disabled athletes.However,there are still problems such as narrow coverage,relatively low legislative levels,inadequate social security institutions and services,and lack of comprehensive social governance mechanisms.The current international conventions and the rules of the Olympic and Paralympic rules mainly focus on the protection of the general disabled.The United States has a relatively comprehensive social security system for the general disabled which attaches importance to social security disability insurance,and actively supports disabled veterans who represent countries to participate international competitions.The EU considers the free movement of people in the region and social migration,respects the characteristics of social security legislation in various countries in terms of social security system,and focuses on establishing a unified coordination mechanism.EU member states purchase large amounts of insurance as a supplement to reduce the professional sport risk the social security system of professional athletes such as the "Sports Law" promulgated by the French government in 1984.In Asia,Japan co-ordinates the two major insurance areas including social insurance and commercial insurance which promulgated and the implemented the"Insurance Law","Sports Promotion Law" and other laws and regulations.India's new "Disability Law" highlights the private employer to undertake a series of development obligations to promote the employment of disabled people.It can be seen that the legal provision for the protection of disabled people is relatively mature in the world today,and they can recognize the significance of protecting the rights of persons with disabilities and formulate policies and regulations that are consistent with their national conditions.However,national legislation does not realize the importance of safeguarding the social security benefits of special athletes,and ignores the advantages and particularities of special athletes in terms of vocational skills and development prospects.This paper attempts to make suggestions for improving the social security legal system of special athletes in China by referring to the relevant regulations of foreign special athletes and combining with the actual development of China.The focus should be on the following two aspects:On the one hand,improving the legal security system.This includes amending the provisions on the protection of the rights and interests of disabled people in China's current laws,attaching importance to the differences between special athletes and general disabled people,improving the insurance system enjoyed by special athletes,forming a mechanism based on social insurance and supplemented by commercial insurance;actively promoting special athletes re-employment,putting them in the sports arena preferentially to engage in coaches,trainers and other positions.It will improve the corresponding benefits for special athletes on multi-level,multi-class salary system.On the other hand,promoting comprehensive social governance.It includes policy support such as emphasizing the government's provision of preferential services to promote the development of special athletes;guiding the public to pay attention to special athletes and forming a good social atmosphere;giving play to the communication and coordination role of the China Disabled Persons' Federation and the grassroots Disabled Persons' Federation;enhancing the scientific and professional medical care of special athletes;establish cooperative working mechanisms with international organizations such as the International Disabled Persons' Federation and the International Winter Sports Federation.It is believed that these measures will change the existing situation,help China's special athletes to enjoy reasonable social security benefits,and promote the level of China's special athletes' sports competition to a new level,showing China's strength in the world's disabled sports events. |
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