| Due to the sudden outbreak and rapid spread of the new crown pneumonia epidemic,the International Olympic Committee and the Tokyo Olympic Organizing Committee issued a joint statement on March 24,2020 that the Tokyo Olympics will be postponed until 2021.In the context of good sports governance and the Olympic rule of law,the extension of the Tokyo Olympics involves substantive changes and amendments to the relevant provisions of the Olympic Charter regarding the hosting of the Olympics.The International Olympic Committee has not explained the reasons for the extension of the Tokyo Olympics.Outsiders have doubts and disputes about the legality of the Tokyo Olympics postponement.This article mainly uses literature research method,case analysis method and logical analysis method,based on the"Olympic Charter","Host City Contract" and related legal documents,through a comparative analysis of previous cases,from the perspective of legal reasoning,in formal rationality The three levels of,substantive rationality,and communicative rationality,which are progressive and discussed separately,provide persuasive and logical conclusions for this article.Focusing on the issue of the legality of the Tokyo Olympic Games postponement,apart from the foreword and conclusion,this article has five chapters.The first chapter introduces the writing background and research ideas of the article.The postponement of the Tokyo Olympics has received widespread recognition and support from all sectors of society,but many people have also questioned the legitimacy of the postponement.In the case that the Executive Committee did not explain the reasons for the postponement,from the perspective of legal reasoning,the Executive Committee restored the process of legal reasoning on the issue of the Tokyo Olympic Games postponement,and examined the legitimacy of the postponement by demonstrating the legitimacy of the reasoning process,and then responded to the outside world’s comments.The legitimacy of the Tokyo Olympic Games postponement is questioned.The second chapter demonstrates how to justify legitimacy from the perspective of legal reasoning.First,the legality theory of Weber and Habermas is used to explain the connotation of legality,and on this basis,the legality model from the perspective of legal reasoning is summarized:logical reasoning and value evaluation are carried out at the level of formal rationality,and at the level of substantive rationality Supplement loopholes and seek social recognition at the level of communication rationality.The third chapter examines the legitimacy of the postponement of the Tokyo Olympics from the level of formal rationality.First,a brief introduction to the legal documents related to the postponement of the Tokyo Olympics,mainly including the"Host City Contract","Olympic Charter" and applicable applicable laws.According to the relevant legal documents,it is clear that the Executive Committee of the International Olympic Committee has the right to interpret and decide on the issue of the extension of the Tokyo Olympics.It is clear that the issue of the postponement of the Olympic Games is essentially a legal loophole that cannot be resolved at the formal rational stage.The loopholes must be supplemented and resolved at the substantive rational level.The fourth chapter examines the legitimacy of the postponement of the Tokyo Olympics from the substantive and rational level.It introduces the manifestations of the vacancies in legal reasoning norms,the reasons for their occurrence,and the legal methods to solve them in the course of reasoning.Finding the legal principles or spirit that can provide legal grounds for the postponement of the Olympic Games,and concluded that the postponement of the Olympic Games is actually the use of the power of the Executive Committee of the International Olympic Committee to supplement loopholes.Taking the participation of the "refugee team" of the 2016 Rio Olympic Games in the Olympics as an example,it is proposed that the International Olympic Committee should pay attention to the problems of subsequent practices that may be caused by the postponement of the Tokyo Olympics.The fifth chapter examines the legitimacy of the postponement of the Tokyo Olympics from the level of communicative rationality.It is proposed that legal reasoning needs to be converted into a form of communication reasoning in order to satisfy the social recognition of communicative rationality,focusing on the"intersubjectivity" between different subjects,and the reasoning results should be concerned with the different "requirements for effectiveness" put forward by participants.Analyzing the participating entities related to the Tokyo Olympics and their respective "requirements for effectiveness",it is concluded that the extension of the Tokyo Olympics is the best choice to meet the interests of multiple stakeholders and can be widely recognized by the society. |