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On the legal system of protecting the elite athletes rights

Shurui Chen

School of Economics and Management,Shanghai University of Sport,Shanghai,China

Introduction :The objective of this paper is to establish the mechanism of interest expression and dispute resolution for the elite athletes.

Methods :This paper used methodology of literature review,focus group,and case study to investigate the status quo of legal system of protecting China’s elite athletes.

Results :(1)Who are the elite athletes?The elite athletes in my study especially refer to those who have the formal establishment and enjoy the sports allowance provided according to the Chinese official regulation.(2)The main rights of the elite athletes.In terms of domestic legislation,the elite athletes mainly enjoy the rights of fair play,registration,life and health,name,portraiture,reputation,fame,labor pay,remedial right and others.According to the previous disputes and research,the violations to the elite athlete rights occurred mainly on the right of the fair play,award,life and health,portrait,etc.①Fair play,the right to fair and equitable in the selection and competition.②Award,the elite athletes enjoy getting material and spiritual reward from the state,organization or individual.③ Life and health,the elite athletes enjoy the right that life was not unlawful deprived and damaged,the right to protect all organs and functions security.④Portraiture,the elite athletes have the right to make and use his portrait.The right of portrait is a specific property,which only belongs to a natural person.(3)The legal system of protecting China’s elite athlete right.The legal system of protecting the elite athlete rights mainly has four implications.①The Constitution Law.As the fundamental law and basic law,the constitution establishes the legal basis to protect the elite athlete right.Although the constitution does not specifically refer to the elite athletes,however,the elite athletes enjoy the same basic rights as a citizen.②Sport Legislation and Law.It includes“Sport Law”and sport regulatory documents.“Sport Law”is more like management,instead of security law,and thus the provisions of rights are inadequate.Therefore,the rights of athletes and their protection should be added into Sport Law during revision.③Civil Law.The elite athletes enjoy the citizen rights on the civil law,mainly consisting of property rights as well as personal rights,which include life and health,the name,portrait,reputation or privacy and freedom,etc.Due to the top elite athletes using their civil rights to develop the economic interest,it raised some problems between athlete and corporate because of the training system,such as the case of Ming Yao and Coca Cola.④Procedural Law.The athletes whose rights were violated may follow the proceedings(including arbitration,litigation,etc.)to protect themselves by Procedural Law,and also sports arbitration should be established for further protection.

Discussion/ Conclusion :The establishment of protection system for elite athlete would benefit to the interest protection and to promote our sports development as well. zmM+fusPr1cXahf37zbC9ywIgdTNG3jPUTYTFlpRQDuSIEgR22/78nUyYJQDatNF

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