Shaping Healthy Citizen: The Birth Of Sports Constitution

Sports,human self-cultivation of their own way,so that the average body developed,but also the order of the rules also.China's legal system from the old ethical system into the legal system of rights,physical law,the law to replace the parental rights of the body regulation,individual subordinate to the country,the body to obtain freedom.Free body to promote the formation and development of sports,countries have written sports into the constitution or to give other constitutional rights of concern,China's current Constitution,Article 21,paragraph 2,Article 89,Article 107,Article 119 are Sports-related constitutional clauses.Constitution as China's fundamental law,with the highest legal effect,but because of our unconstitutional review mechanism is not actually implemented,the Constitution in the implementation of often stalled.The introduction of the departmental constitutional theory is of great significance to the imposition of the impasse in the constitution.Constitutional theory from Germany mainly emphasizes the influence of constitutional norms on the field of social function and the role of radiation,through the "Constitution of the sub-rules" to establish,narrow the gap between constitutional norms and social reality.The departmental constitution takes the specific development law and social reality as the object of study in the specific social field,and forms the "departmental constitution" for the development of the various "constitutional departments" in the objective and objective effect of the basic rights in various fields.Therefore,the Constitution of the specific areas of sports regulations and related laws and regulations known as the "sports constitution." Sports constitution as a departmental law,is the concrete manifestation of the sports problem in the constitution,from the legal point of view of the relationship between sports and the state,in the framework of the Constitution to explore the rights of citizens and how the use of sports power of the country made of healthy nationals.Sports rights are both rights and obligations,and sports power is to maintain the sports order of the lever,the state to master the sports power,through the provisions of the rights and obligations can be achieved on the body control,in the form of law to provide citizens to participate in physical exercise,,A strong physique,shaping healthy nationals,through the managementof sports to achieve national construction.Therefore,this paper analyzes the birth of sports constitution with the theory of national construction,and the whole thesis is divided into four parts to discuss this.The first part introduces the research background and the research status at home and abroad,and introduces the relevant theory.The second part introduces the background of sports,the concept of sports and the role of sports,the author believes that the emergence of sports from the needs of mankind,and ultimately from the human social activities,not only has the effect of physical fitness,but also can create a national spirit The At present,there is no agreement on the concept of sports both at home and abroad.The author agrees that sports is both a right and an obligation.In this part,the object of this paper is modern sports.The third part is the focus of this article,introduced the rights of sports,detailed discussion of the concept of sports power,content,focus on the birth of the sports constitution.Sports rights are the rights of people in sports activities,and the sports power of this article refers specifically to the country's sports power,the state relies on coercive force to allocate the acquired sports resources,through specific sports relations on individual,social organization and even National institutions,whose purpose is to shape healthy nationals and achieve national construction.The fourth part combs the sports articles in the text of our country since the Republic of China,the laws and regulations related to sports and the effect of its implementation.