Legal Protection of Reform and Development of China’s Competitive Sports in the New Era:Discussion on the Part of the Ideas and Contents of Competitive Sports Based on “Sports Law”
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Graphical Abstract
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Abstract
In a new era of deepening the overall reforms and fully ruling the country by law, actively promoting reform and development of competitive sports and building a sports powerful country need to accelerate the speed of “Sports Law” amendment.Three major goals of modifying the competitive sports part in the “Sports Law” are to provide a legal basis for deepening reforms of competitive sports, to expand institutional space for developing of new competitive sports relations, and to establish fundamental follow-up for protecting athletes' rights and interests. To this end, on chapter design, clauses embodying the general law of competitive sports should be put in the general provisions, the section of explaining competitive sports should be replaced with highlevel competitive sports, and the State Council should be authorized to formulate the “Professional Sports Regulations”. In the process of reforming the administration system of competitive sports, we should abide by constitutional principle of “law without authorization”; on the autonomy of competitive sports industry, we should clarify the nature of its legal authorization, increase its regulation of market behavior, and promote the regulation of its internal governance; on professional athletes engaging in high-level competitive sports, we should clarify the legal identity of active athletes, standardize the selection behavior of athletes, and perfect the rights protection system of professional athletes; on the management of stimulants, we should comprehensively promote antidoping work to all competitive activities, increase the administrative law enforcement of stimulants, and the clause's design should follow principles and be operational. When amending the “Sports Law”, we should adopt the basic measures of integration legislation, democratic legislation, scientific legislation and open legislation.
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