| This article mainly discusses the legal interpretation of coaches in the sports field as the object of supervision.China’s "Supervision Law" has been published for more than a year.The focus of the object of supervision is on staff of state agencies and managers of state-owned enterprises and institutions.Article 15 of the Interpretation of the Supervision Law of the People’s Republic of China explains that the scope of the monitoring target does not involve employees of level 6 or lower in management positions in public institutions.The coaches of professional sports teams in provinces,municipalities and autonomous regions of China do not belong to public institutions.Management positions,but the nature of their work has public power attributes.This article takes the definition of monitoring targets as the main basis,and analyzes and elaborates the necessity of including coaches in the sports field as monitoring targets,the classification of various forms of sports coaches,and the powers and duties they exercise,and proposes the analysis results.Relatively sound improvement suggestions.In addition to the introduction,the article is divided into four sections,as follows:The first part of the current "Supervision Law" on the supervision of the target: in accordance with the provisions of Article 15 of the "Supervision Law","the party affairs organs,democratic party organs and enterprises " Included in the scope of supervision,there are different views in the academic community.Some scholars believe that it is inappropriate and too broad to include "the staff or managers of party affairs agencies,democratic party organizations,enterprises,institutions,and mass autonomous organizations" in the scope of supervision.Confusing.Another group of scholars believes that whether their behavior has exercised public power is a criterion for judging its inclusion in the scope of supervision.It should not be judged based on whether they have the "identity" qualification to exercise public power.Or if the manager exercises public power,he should be included in the scope of the monitoring object.The second part is the need for coaches to be included in the monitoring object:Although sports coaches are similar to teachers,they are different from teachers.The rights of teachers are regulated by the Teachers Law of the People’s Republic of China.Be restricted.According to the current "Sports Law" and other relevant legal provisions are too broad,it may cause the abuse of the power of coaches.The third part is the type of coaches: sports coaches can be divided into many types,such as coaches inside and outside the system,school and professional team coaches.It should be "not the right thing," and not all types of coaches can be included in the scope of the monitoring object under the Supervision Law.The fourth part lists sports coaches as possible problems for monitoring: China’s "Supervision Law" and "Sports Law" are not yet mature and are relatively broad.The "Supervision Law" has inadequate supply,and the law enforcement agencies have little basis for law enforcement.The "Sports Law" and its inferior laws are slightly "slim" in the provisions.The "Sports Law" and its inferior laws should be improved as soon as possible Further refine the Supervision Law. |
