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Study On The Subjects And Contents Of Sports Benefit Card Service Contract

Posted on:2021-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:W X YangFull Text:PDF
GTID:2416330629987734Subject:Civil and Commercial Law
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With the rapid development of the sports industry and people's pursuit of healthy life and physical fitness,after the State Council promoted "full fitness" as a national strategy,cities across the country have launched sports activities that benefit local people.The sports benefit card service contract is not a simple nameless contract,its performance is a complicated process,and clarifying the relationship between different subjects and the characteristics of different stages is the focus of the service contract.But there are still some problems in the implementation process.For example,how to define the quality defects of sports services;whether the supervision implemented by the Sports Bureau is a right or an obligation;personal information leakage and other issues.Not only are these problems unclear in practice,but they are also theoretically vague.The author intends to conduct research from the perspective of contract law,analyze the connotation of the sports benefit card service contract,the relationship between the subjects,and the rights and obligations of the subjects,in order to have a better understanding of the sports benefit card service contract..The main body of the article includes the following four parts:The first part is about the connotation of sports benefit card and its service contract.Starting from the different modes of sports benefiting people in practice,combining the nature of the membership card of the sports benefiting card,the connotation of the service contract of the sports benefiting card is analyzed,and the difference between it and the general fitness membership card is analyzed to obtain The Benefit Card service contract is special in the application of law.The second part is the exploration of the nature of the sports benefit card service contract Unclear understanding of the various main nature of sports benefit card service contracts is a common problem in practice.The author divides the main body of the contract into a service provider and a service recipient.Combining the basic theory of civil and commercial law,the author analyzes the legal relationship between different parties of the service provider,and believes that the sports bureau and the bank or related companies are a kind of entrusted relationship The government purchase of public sports service contracts with actual sports service providers,that is,service venues and event organizers,is a civil contract relationship.The relationship between the Sports Bureau and the cardholder is a gift-giving relationship.The service venue and the event organizer and the cardholder are a consumer contract.The third part is the main rights of the main body of the sports benefit card service contract.For different subjects,highlight their different rights.Combined with the problems in practice,such as the sports bureau's power of supervision and the limited transfer rights of cardholder,it is analyzed and demonstrated from the perspective of rights.The fourth part is the analysis of the obligations of the main body of the sports benefit card service contract.From the perspective of payment obligations and accompanying obligations,combined with the current epidemic situation,analyze the performance of obligations of different subjects.In practice,disputes arising from inappropriate service quality are analyzed from the perspective of obligations,which is reflected in the payment obligations that service venues and event organizers should perform.Providing appropriate sports services includes conscientious and careful selection of performers,accompanied by obligations It is manifested as actively fulfilling the obligations related to good faith and statutory and stipulations,such as informing the service-related equipment and the number of people in advance.
Keywords/Search Tags:service contract, simultaneous contract, the sports benefit card, government purchase of public services
PDF Full Text Request
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