Study On The Enlightenment Of Hayek’s Legal Thought To Chinese Sports Rule Of Law Construction

Under the strategic background of the Party and the state comprehensively promoting the rule of law,the construction of the rule of law has been elevated to a more prominent and important position.To comprehensively promote the rule of law is a profound change in national governance and a key to modernizing China’s governance system and capacity.Under the background of ruling the country by law and building a country ruled by law,the construction of the rule of law in sports is indispensable,which is related to the effect of the system reform in the field of sports and the efficiency of the development of sports cause.Hayek’s legal thought occupies a very important position in the history of legal philosophy,and his theoretical perspective has many inspirations for the study of the construction of sports rule of law in China,so as to perfect the theoretical analysis of sports rule of law in China.This study takes Hayek’s legal thought as reference,and uses the methods of document method,logical analysis method,case analysis method and comparative method to analyze and systematically research on the sports rules under the consideration of Hayek’s social order rules,the legal logic of school sports under the view of knowledge,and the sports autonomy under the view of freedom and the rule of law.This study includes five chapters,including the introduction,literature review and research methods,as well as conclusions and appendices.This article first introduced the background,purposes and meaning of the research;according to the literature review,the first chapter brought specific research questions and chose the research method;the second chapter briefly describes Hayek’s legal thought.Hayek’s political philosophy thought system is extensive,and this study focuses on the dual social order rules,division of knowledge and understanding of freedom and the rule of law,which leads to the later sports train of thought of the construction of the enlightenment of rule of law;the third chapter elaborates the concept of rules in Hayek’s social order,based on the rules in the field of sports;the fourth chapter is based on the theory of knowledge in Hayek’s theory of social division of labor.Under the background of promoting the modernization of national governance ability and deepening the integrated development of sports and education,this paper summarizes the knowledge factors of the rule of law of school sports and sorts out the rule of law value of school sports in different layers,and then puts forward the measures to balance the multi-layer value of the rule of law of school sports.The fifth chapter clarifies the specific path of sports autonomy in China from the perspective of Hayek’s freedom and rule of law.The main conclusions of this study are as follows: 1.Sports rules are normative,negative,universal and independent,and are influenced by the degree of social civilization,the level of science and technology,and the needs of human development.Sports rules can exert influence on sports behavior,sports morality and sports market vitality.We should draw lessons from Hayek’s view of social order rules to construct and perfect sports rules: clarify the structure of sports rules and realize the rule of sports rules;build the cultural atmosphere of sports rules and enhance the awareness of rules;Strengthen local sports rules and improve the ability of the sports industry to operate independently;Realize diversified power allocation and avoid power alienation.The improvement of sports rules aims at stimulating the internal power of the rule of law in sports,building a sports regularization order coordinated with the development mode of sports,and playing a supporting role in the construction of sports power.2.The dominant school sports knowledge of the rule of law,institutional,physical knowledge and knowledge of physical education teachers is an important factor of school physical education under the rule of law,and it will guide the school sports value,the core value of the basis of the rule of law with high value of the triple layered in order to deconstruct school sports compulsory and to free for internal cause,We can also bring up the method of value balancing from Hayek’s“knowledge advocates rights”concept: break the "spheres of effect" from inside the subject,and pay attention to the body of school sports law core knowledge;To further improve the school physical education system and to consolidate the basic guarantee of the concept of the high level value of the rule of law in school physical education;Consolidate the knowledge logic of PE teachers and promote the constant renewal of PE teachers’ culture and knowledge structure.3.At the present stage,sports autonomy in China is facing such difficulties as the lack of cultural tradition of autonomy,the imperfect legal regulation,the excessive power of national administrative power,the imbalance of responsibility and power,and the internal defects of sports autonomy organizations.It is also pointed out that the sports autonomy should be based on the rule of law and the governance mode combining the sports autonomy and the rule of law is the intrinsic requirement of the sports autonomy in China.Finally,the path of sports autonomy in China is learned from the inspiration of Hayek’s thought of freedom and rule of law: transforming the role of government sports departments and releasing sports administrative power;Perfect the legal regulation to guarantee the autonomy and realize the benign interaction between sports autonomy and the rule of law;Enhance the ability of independence and strengthen the internal governance of the sports industry.