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法律原则存在于法律规范中,这已得到全世界范围内法学家的认可。体育法的原则在体育实践中引起了非常大的关注,特别是在处理体育纠纷事件中,产生了原则与规则的冲突,主要表现为体育道德精神与体育比赛规则的冲突、体育法原则不确定性与规则确定性的冲突、公平竞赛原则与体育参赛规则的冲突、体育特殊性原则与法律规范性的冲突等几个方面。借鉴法律原则的相关理论,对体育法原则与规则之间的关系进行梳理,认为原则和规则都是体育法的组成部分,原则是规则的基础,规则是原则的具体表现,两者必须相互统一起来。在法治观念下的体育法原则与规则的整合是大势所趋,能够很好地解决体育纷争,促进体育的良性发展。
Legal principles exist in legal norms, which have been recognized by jurists all over the world. The principle of sports law has aroused a great deal of attention in the practice of sports. Especially in dealing with sports disputes, the conflict between principle and rule arises. The conflict between principle and rule is mainly manifested in the conflict between the spirit of sports ethics and the rules of sports competition. The principle of sports law is not sure Conflict between sex and rules, the conflict between the principle of fair play and the rules of sports competition, the conflict between the principle of sports speciality and the legal norms. Drawing lessons from the relevant theories of law principles, this paper sorts out the relationship between the principles and rules of sports law, and holds that principles and rules are all part of sports law. Principles are the basis of rules and rules are the concrete manifestation of principles. Both must be unified stand up. Under the concept of the rule of law, the integration of the principles and rules of sports law is the trend of the times and can well solve the sports disputes and promote the healthy development of sports.