On Legal Protection Of The Civil Sports Rights

Since reform and opening up, China's market economy system established by the State to establish and promote the rule of law, sports, the concept of gradually introducing the legal rights of legal research into key topics. In the world, sports, the right to propose to legislate to protect just a few decades of history, sports, protection of rights of ways and the level of protection, have yet to accelerate research and practice forward. Basic rights in our country the right to the source of the "Constitution" and the sports system in the primary norm "Sports Law", the sports rights are not clearly stated, but based on legal principles and the rule of law, the needs of practice, scholars generally agree that sports rights as a presumed the right to life and health, equitable rights, socio-economic, social and cultural manifestations of the basic rights such as the right exists. Also believes that sports rights should be more effective and real legal protection. This concept of the right of the comb through sport, combining Chinese and Japanese sports legislation, the right to legal protection status and a comparative analysis of sport and thus the right to legal protection on the sport of preliminary ideas. In this concept, the article is divided into the following sections:Introduction, brief history and sports in the importance of the Chinese nation, analysts pointed out that sports rights are against the status quo and legislative protection of the rights of sports practice, the main normative documents and their specific norms, pointed out that the object of this study and research purposes, and research methods and innovations to be us;The first part an overview of research in sports rights. First of all, from the physical basis of the study the concept of the rights of "sports" in the connotation and extension of analyzing the comparative analysis of China and Japan and South Korea on the different perceptions of sport; Secondly, the concept of the rights of sports analysis, comparative analysis of scholars to define the notion of rights on sports the concentration of the definition of representative, combined with analysis of the author's understanding that the sports rights as a constitutional right to be presumed should have a meaning; and then the right to citizenship of sports and human rights, positive rights and negative rights and public rights and private rights analysis of physical properties such as the right to demonstrate; Finally, from a theoretical and empirical dimensions of two types of sports rights has been divided; The second part, explain the need for legal protection for sports rights. Sports rights awareness and protection of the weak weak sports cards has become the necessity of legal protection for the rights of the analysis of significance. This part of the two dimensions from the theoretical and practical analysis of arguments: First, rights theory and the theory of government support, it ought to be required from a theoretical level, analysis and appraisal of the need for legal protection; second is from the sports law, sports and social value of the rights of and the market economy and the rule of law and the practical point of argument to protect the rights of the reality of physical necessity;The third section, a comparative analysis of the Sino-Japanese practice of sport as a right protected by law. The section on sports in China and Japan, protecting the rights of legal norms for the analysis perspective, the first comprehensive comparative analysis of the legal protection of the rights of China's sports status, the Japanese the right to legal protection of the status of Physical Education; Second, the analysis and appraisal of Sino-Japanese physical characteristics and the right to legal protection similarities and differences between the legal structure, in order to improve the physical protection of the rights presented below provide the system building blocks;The fourth part of the analysis of the right to make sports a preliminary idea of legal protection. Combination of the above on sports rights and their protection of Sino-Japanese comparative analysis of research results, from the legal protection of legislation, law enforcement, judicial remedies, proposed separately by three levels of legal protection for the rights of sport specific ideas.