论文部分内容阅读
竞技体育法制建构的核心环节是竞技体育治理领域中的公权力配置。现代社会公权力配置,必须坚持和贯彻民主原则、权利保障原则、法治原则、公正原则、分权制衡原则和责权利均衡原则。作为调整各类竞技体育主体之间利益关系的竞技体育法制,其内容包括实体性规范、程序性规范、组织制度、工作制度和本领域特定的法律原则,我国现行竞技体育法制在上述几个方面都存在明显的缺失,而其核心性缺失则是有关竞技体育治理的公权力配置的失衡。现代竞技体育法制之建构,应按照上述六项基本原则的要求,对权力主体之权力、利益、义务和责任这四方面内容进行合理配置。
The Key Link of Construction of Legal System of Competitive Sports is the Distribution of Public Power in the Field of Competitive Sports Management. The allocation of public power in modern society must adhere to and implement the principle of democracy, the guarantee of rights, the principle of the rule of law, the principle of fairness, the principle of the separation of powers and the principle of balancing powers and interests. As a legal system of competitive sports that adjusts the relations of interest between all kinds of competitive sports, its contents include substantive norms, procedural norms, organizational systems, working systems and specific legal principles in this field. In our country, There is a clear lack of core loss is the balance of public power allocation of competitive sports management. The construction of modern competitive sports legal system should be in accordance with the above six basic principles of the requirements of the power of the principal, interests, obligations and responsibilities of these four aspects of rational allocation.