Against The Students' Sports Rights Attributable To Its Relief

In modern time, sport right becomes an independent right when sports become society activity that entire people participates in. The managing state affairs and RE according to law is the result of constant consummate of socialism legal system, and one of inducements of changing physical education effect. With preserving their rights of college students'strengthening, and the awareness of sports rights'consciousness, it emerges unavoidably that old and new ideas clash each other, the contradictions of the rights'Value conflicts with rights in the practice of School sports management. After 90th 20c, it happened a series of cases that students prosecuted their schools. So Stationary states between school and students, and fair legal relationship has been questioned. These cases reflect directly the disbalance of sports legal relationship between school and students, what's more, they illustrate that rights and obligatory are unclear, the sports rights of college students are not protected and safeguard well during Accepting physical education. In school sports fieid, the sports rights of college students are violatioed usually and the violation degree is different. Because system construction of citizen sports rights and legal system construction of school sports are imperfect that college students don't clear their sports rights, or torts have definite concealed. It hinders health development of legal system construction of school sports in a degree, and exists potential threaten to the sports rights'implementing of college students. The reasons of sports rights of college students suffering infringement are all-round. The problem about tort responsibility and redress becomes the key to ensure sports rights of college students to come true, so study it intensively is the safeguard of health development of school sports.Whereas employing of document and materials, literature review, interview expert, case analyzing, and with angle of pedagogy, jurisprudence and sociology, first, the subject summarizes and analyzes the present situation of violating students'sports rights: the courses about sports laws and regulations are not ensured; some equipment of stadium and facilities mismatch the standard; most students have no freedom right to choose sports activities; the chances of taking part in extracurricular athletics are less,and so on. Second, clear up the concept of college students'sports rights, and conclude it content. It gets that:as the subordinate concept of human rights and rights, college students'sports rights shoud be a kind of ability or qualifications which according to constitution and relevant laws and regulations, collge students have do or don't do something, claim or request somebody else (includes individual, legal person and society) to do or don't do anything and aim to achieve theirselves benefits. This paper divides sports rights of college students into three parts because of students in different identites:the sports rights of students as citizen, administrative counterpart and civil subject. Third,sum up safeguards system of sports rights of college students. Forth, abiding by fault liability, it analyzes the responsibility of violating students'sports rights, divides into:the injure of school responsibility, the injure of school irresponsibility, and mixed tort liability. Fifth, it investigates the two main right redress including self-protection and public protection to aim directly at the sports torts of college students. At last, probes into some recommendation about protecting college students'sports rights:perfecting the legislative protection as well as redress system of students'sports rights further; ensuring sports law course to enter universities; strengthening students'legal consciousness; retionalising sports activities, equipment and supplies; enhancing enforcement and supervision; constructing sports legal relationship during university and students; school sports accident being legislated immediately and putting sports accident insurance system into the kind of accident insurance.