2014年2月27日星期四

Sports Law of the People 's Republic of China

1995 8, 29, after eight years of repeated deliberation, 8 years of hard drafted Sports Law of the People's Republic of China, "hereinafter referred to as" Sports Law "finally get the unanimous vote of the Eighth National People's Congress Standing Committee 15th plenary meeting through. "Sports Law" promulgated, not only to fill the blank of a national legislation and administration according to law, and marks the Chinese sports work has begun to enter a new stage of the rule of law, which is the New China, a milestone in the development of sports. August 29, 2008 is the 13th anniversary of "Sports Law" promulgated, also coincided with the Beijing 2008 Olympic Games just successful conclusion.

first order to the development of sports undertakings, enhance people's health, improve the level of sports, to promote socialist material civilization and spiritual civilization, in accordance with the Constitution, this Law is enacted.

second development of physical culture and promotes mass sports activities to improve the physical fitness of the whole nation. Sports work to adhere to the national fitness activities as the basis for the implementation of the popularization and improvement of the combination, and promote the coordinated development of various sports.

third countries adhere to the sport for the economic construction, national defense and social development services. The sports undertakings should be included in the national economy and social development plan. The countries of

promote sports management system reform. The state encourages enterprises, institutions, social organizations and citizens to run and support to sports.

Article sport administrative department of the State Council in charge of the National Sports. Other relevant departments under the State Council in their respective areas of competence within the management of sports work.

sports administrative departments of local people's governments at or above the county level or the administrative area of ​​the head of the organization of the people's government authorized D sports work.

state shall be given special protection of young people, children's sports activities to enhance the physical and mental health of young people, teenagers, and children.

sixth State sports in ethnic minority areas develop, cultivate ethnic sports.

seventh development of physical education and sports science, and to promote advanced sports science and technology achievements, relying on science and technology development of sport.

eighth State of the organizations and individuals to contribute in the sports career reward. The state shall of

encouraged to carry out international exchanges in sports. International exchanges in sports principles of independence, equality, mutual benefit and mutual respect for the principle of safeguarding national sovereignty and dignity, and to comply with the international treaties concluded or acceded to by the People's Republic of China.

Chapter II Social Sports Article state encourages citizens to participate in social sports activities, promote physical and mental health.

social sports activities should adhere to the amateur, voluntary, small and diverse, to follow the principle of local conditions and scientific civilization.

Article 11 National implementation of the national fitness program, the implementation of standards for physical training, into l line physique monitoring.

countries social the sports instructors technology hierarchy. Social sports instructor guide social sports activities.

Article XII of the local people's governments should social sports activities to create the necessary conditions for citizens' participation and support to help the mass sports activities.

urban residents' committees and other community-based organizations should play a role in organizing residents to carry out sports activities. the

rural villagers' committees, grassroots cultural and sports organizations should play a role, to carry out sports activities for rural characteristics. Article XIII of state organs in

, enterprises and institutions shall carry out a variety of sports activities, organize mass sports competitions.

Article 14 unions and other social organizations shall, in accordance with their own characteristics, organize sports activities.

Article 15 The State encourages, supports ethnic, folk sports excavations, organize and improve.

Article XVI of the whole society should care for and support the elderly and persons with disabilities to participate in sports activities. The people's governments at all levels shall take measures to provide convenience for the elderly, persons with disabilities to participate in sports activities.

Chapter School Sports Article XVII administrative departments of education and school sports should be as part of school education, cultivate moral, intellectual, physical, and other all-round development of talent.

School of Article 18 must be opened physical education and physical education as assessment of students. Academic performance of the subjects.

school should create conditions for the sick students to organize sports activities for its characteristics.

Article XIX schools must implement the National Standards for Physical Training of the students during the school day for sports activities time the guarantee is given.

Article 20 Schools shall organize various extra-curricular sports activities, to carry out extra-curricular athletic training and competitions, a whole-school sports will be held in accordance with the conditions of each school year.

Article 21 Schools shall, in accordance with the relevant provisions of the State, with the qualified physical education teachers, and protection of the physical education teachers enjoy their work characteristics related treatment.

Article 22 Schools configuration sports venues, facilities and equipment should be in accordance with the standards prescribed by the State Council administrative department of education.

school sports grounds must be used for sports activities, and shall not be used for any other purpose.

Article 23 Schools shall establish a system of medical examination for students. Education. Sports and health administrative departments shall strengthen the monitoring of students' physique. Article 24 The State of

Chapter competitive sports to promote the development of competitive sports, encourage athletes to raise the technical level of the sport, to achieve excellent results in sports competitions and win honors for the country.

Article 25 The State encourages support of amateur sports training, training of sports reserve talents.

Article 26 to participate in domestic and major international sports competitions, athletes and sports teams, should be in accordance with the principles of fairness, merit selection and set up. The specific measures required by the sports administration department of the State Council. twenty seventh to train athletes in

must practice strict, scientific, civilized training and management; athletes patriotism, collectivism and socialism, as well as morality and discipline.

Article 28 elite athletes to give preferential treatment in employment or admission to higher education.

Article 29 national sports federations to manage the implementation of the project athletes registered. Athletes registered in accordance with the provisions of the sports administration department under the State Council, to participate in the movement of persons between the sports competitions and sports teams.

Article 30 countries athlete technical level, the referee technical grade and coaches professional and technical positions hierarchy. levels of classification management the Article 31

state sports competitions.

National Games by the management of the sports administration department of the State Council or by the management of the sports administration department of the State Council in conjunction with the relevant organizations. responsible for the management of the national association of the sport.

the nationwide individual sports contest.

local multi-sports and place a single sports contest management approach developed by the local people's governments.

Article 32 National implementation of the national record of athletic competition approval system. The national record is recognized by the sports administration department of the State Council.

Article 33 disputes in competitive sports activities, responsible for mediation and arbitration of Arbitration for Sport. Regulations Governing the Establishment and scope of the arbitration

sports arbitration institutions by the State Council separately.

Article 34 sports competitions is the implementation of the principle of fair competition. Sports competition organizers and athletes, coaches and referees shall abide by sportsmanship not fraud, malpractice.

using banned drugs and methods is strictly prohibited in sport. Prohibited drugs testing organizations should be strict inspections of banned drugs and methods.

non live where organizations and individuals to take advantage of the sports competitions to engage in gambling activities. Article 35 in the territory of China major

sports competition, its name, emblem, flag and mascot logo be protected in accordance with relevant state regulations. the CHAPTER sports social groups in

Article 36 The State shall encourage and support sports and social groups in accordance with its articles of association, to organize and conduct sports activities, and promote the development of sports.

Article 37 sports associations at all levels is a contact, mass sports organizations to unite athletes and sports personnel should play a role in the development of sport.

Article 38 is based on the development of the Chinese Olympic Committee, and to promote the Olympic movement is the main task of sporting organizations, on behalf of China to participate in international Olympic affairs. The thirty-ninth of Sports Science in

social groups academic mass organizations of sports science and technology workers, should play a role in the development of sports science and technology career.

Article 40 national sports federations management of the sport, the popularization and improvement work on behalf of China to participate in international sports organizations.

Chapter VI Article 41 of the security conditions at the county level and above the people's government should be funding for sports career sports capital construction funds included in the fiscal budget and infrastructure investment plan, and gradually increase with the development of the national economy for sports undertakings.

Article 42 The State encourages enterprises, institutions and social groups are self-financing the development of sports undertakings, organizations and individuals are encouraged to donations and sponsorships in sports.

Article 43 of the relevant state departments should strengthen the management of sports funds to any organization or individual shall not be diverted intercept sports funds. the

Article 44 above the county level people's governments at sports administrative department of the body, to health

, athletics and other sports activities in operating activities for the content, should strengthen management and supervision in accordance with relevant state regulations.

Article 45 The local people's governments above the county level shall, in accordance with the provisions of the national urban public sports facilities land allotment, construction of urban public sports facilities into urban planning and land use planning, rational distribution, unified arrangements.

urban planning businesses, schools, streets and residential areas, sports facilities should be included in the construction plan.

townships, ethnic townships and towns should With economic development, and gradually build and improve sports facilities.

Article 46 public sports facilities should be open to the community, to facilitate the masses to carry out sports activities, preferential way for students, the elderly, the disabled, improving the utilization of the sports facilities.

No organization or individual may appropriate, destruction of public sports facilities. Due to special circumstances require temporary occupation of sports facilities must be approved by the sports administration department and construction planning department and the timely return; repaid in accordance with urban planning to change the use of the sports ground, it should be in accordance with relevant state regulations, first choice of sites for the new.

Article 47 of the national sports development professional education, various sports professional institutions, departments, science, culture sports, training, teaching, scientific research, management, and engaged in mass sports professionals.

State encourages enterprises, institutions, organizations, social organizations and citizens in accordance with the law organizing sports professional education.

Chapter VII Liability Article 48 engaged in fraud and other violations of the rules of discipline and Sports in competitive sports, and punished in accordance with the provisions of the Constitution; national staff directly responsible personnel shall be given administrative sanctions by the sports community groups .

Article 49 of the use of banned drugs in sport and methods, in accordance with the provisions of the Constitution by the sports and social groups be punished; national staff directly responsible personnel shall be given administrative sanctions.

Article 50 competitive sports to engage in gambling activities, the sports administration department to assist the public security organs shall be ordered to stop their illegal activities, be punished by the public security organs in accordance with the relevant provisions of the Public Security Administration Punishment Law.

in competitive sports activity, bribery, fraud, organizing gambling behavior constitutes a crime, be held criminally responsible.

Article 51 of the encroachment, destruction of public sports facilities, and ordered to make corrections by the sports administration department, and shall bear civil liability.

of the acts listed in the preceding paragraph, the offender shall be punished by the public security organs in accordance with the relevant provisions of the Public Security Administration Punishment Law "; constitutes a crime, be held criminally responsible.

Article 52 in the sports activities, cause trouble and disrupt public order, to give criticism, education and system; violation of public security management, the public security organs to be punished in accordance with the provisions of the Public Security Administration Punishment Law; constitute a crime , be held criminally responsible.

Article 53 violation of the national financial system, financial system, misappropriation, intercept sports capital return within a specified period of time, by the higher authorities shall misappropriated, embezzled funds and directly in charge and other directly responsible personnel shall be given administrative sanctions; constitutes a crime, be held criminally responsible. Article 54 of the military of the

Chapter VIII Supplementary Provisions of sports activities in specific measures formulated by the Central Military Commission in accordance with this Law.

Article 55 This Law shall come into force as of October 1, 1995.

edit the generated Sports is a sign of social development and progress of human civilization, the development of sports in the level of a country's comprehensive national strength and the degree of civilization of a society. Enhance people's health in order to develop sports, to improve the level of sports, to promote social material and spiritual civilization, the Fifteenth Meeting of the Eighth National People's Congress Standing Committee passed the Sports Law of the People's Republic of China, the Law on October 1, 1995.

Sports Law promulgated and implemented, the end of our sports front department Basic Law according to the history, to speed up the pace of legislation supporting sports, to promote the functions of the department of sports administration shift, and enhanced sports administration department of administration according to law, the body's ability to rule of law; adapt to the socialist market economic system, reflecting the sports achievements in reform, promotion of sports in the framework of the legal system for the development of sports being formed; sports gradually establish a legal workforce; the sports law enforcement supervision and inspection work started. the

edit this paragraph significance legalized August 29, 1995, the Fifteenth Meeting of the Eighth National People's Congress Standing Committee unanimously approved the Sports Law of the People's Republic of China. The birth of the Sports Law of the People's Republic of China, of the significance of the milestone in sports development in the history of New China, it marks the development of sports undertakings in China into the legal track to enter a new stage of the legal administration.

as New China's first sports law, "Sports Law of the People's Republic of China Constitution" as the basis for the development of sports undertakings, to enhance people's health, to improve the level of sports, to promote socialist material civilization and spiritual civilization of the Legislative purpose, adhere to the Party's basic line, to meet the basic requirements for the establishment of a socialist market economic system, a comprehensive summary of the development of sports undertakings in China based on the successful experiences and problems, expounded the basic attitude of the state develops physical culture; sports principles, tasks, basic principles and major measures; clear the people's governments at all levels, sports administrative department, the system of various industries, enterprises, institutions, the sports community groups and individual citizens to participate in sports activities and the development of sports undertakings responsibilities, rights and obligations the development of sports undertakings in China has great practical and far-reaching historical significance.

"Sports Law of the People's Republic of China promulgated and implemented to promote the sustained, healthy and rapid development of sports undertakings in China. Under the correct leadership of the CPC Central Committee, the State Council, the broad participation of the whole society, and actively support along with the continuous development of China's economic and social progress, China's sports has made remarkable achievements. Constantly improve national fitness system, a general strengthening of the people's physique; steady improvement of the level of competitive sports, to become an increasingly important force in the world sports arena; sports industry, sports science and technology, education, advocacy, foreign exchanges, personnel training and team building. has made substantial progress, and achieved remarkable results. The process of constant development of the sports industry, sports legal development, continuous improvement process. The same time, the progress of the sports legal protection, and promote the healthy and orderly development of sports undertakings played an important role. since the promulgation and implementation of

"Sports Law of the People's Republic of China", with the "rule of law and building a socialist country under the rule of law," the implementation of the basic strategy, sports legal work more seriously, has made important progress. Sports legal work agencies and teams have continued to establish significantly speed up the pace of the sports legislation, the sports law enforcement gradually advancing, deepening study of sports rule of law, sports laws and increasing awareness of the whole society and the sports community. But it should be noted, with respect to the rapid development of sports undertakings and Sports deepening of reform and the situation, the the sports legal construction is still lagging behind, still is a relatively weak link. Some of the important areas of sports legislation has yet to be perfect, and failure to abide by the lax enforcement of the phenomenon is still a certain range of memory in individual areas, some of the more prominent stage sports legal work is still a long way to go.

enhance physical and legal system, and we always put the people's interests first. A famous jurist once said: "the well-being of the people is the highest law. In the new historical period, in accordance with the requirements of the Constitution and the laws of the physical work, we have to adhere to the development of sports for the economic construction and social development services, services for the socialist material civilization and spiritual civilization; according to the popularization and improvement of the combined approach, adhere unremitting, unswervingly implement the National Fitness Program and Olympic Glorious Program, and continuously improve the physical quality of the whole nation, and constantly improve the level of competitive sports in China, and continue to meet the people's growing demand for sports.

tasks and challenges in the new historical period, the development of sports is facing a rare historical opportunity, is also faced with the daunting task and tough challenges. We face unprecedented social needs and driving force, and the face of a more complicated contradictions and problems. In this historical conditions, improve its ability is an important issue that we must seriously consider. Constantly improve its ability to require us to do scientific governance, democratic governance, according to the ruling, we are faced with a new situation and new tasks, new environment, the face of sports socialization, the interests of diversification, relationship complicated reality, efforts to change their ideas focus on system innovation, learn to use legal means to calmly deal with the challenges, resolve conflicts, deepen reform, promote development. We have to adapt to the requirements of the new situation and new tasks, enhance service awareness, and overall awareness, sense of responsibility, and earnestly strengthen the leadership of the sports legal work to strengthen the sports legal institutions and team building, sports law publicity and education continue to carry out depth and sustained, and continue to strengthen sports regulatory system, improve the sports law enforcement mechanism, full speed up the construction of sports legal process.

Edit this section to improve the head of the Chinese sports delegation, Chinese Olympic Committee President Liu Peng in a press conference on August 24, 2008, revealed for the first time that the country every year on the sports investment of 800 million yuan. If this average, the Olympic Games China shared the 51 gold Each investment in gold medals less than 1570 million; 100 medals, each costing inputs 800 million.

comes to national sports investment on to say that the fundamental guarantee of sports undertakings in China, promulgated the Sports Law of the People's Republic of China on October 1, 1995. There is no denying that the law on the promotion of the development of sports in China has played a positive role, but "Sports Law" promulgated 10 years, China's economy and society have changed a lot, the sports industry also achieved great development, sports management system and sports market environment has changed greatly. If not according to the actual development now, for the future direction of development to make the appropriate changes, I am afraid it will be difficult to adapt to the new situation, to keep up with the pace of the times.

Overall, the Sports Act, enacted in 1995, the biggest downside is content is relatively broad, and the lack of specific requirements and implementation details. If there is no clear definition and presentation of the rights of citizens and their sports rights protection mechanism serious deficiencies; sports disputes more and more apparent vacancy, but the dispute settlement mechanism; Currently, the sports industry is gradually moving towards a market-oriented, while the sports market is is no legal basis for the management confusion; competitive sports and mass sports is difficult to have an accurate positioning and coordination mechanisms; sports in Sports for the cause of the lack of adequate funding. For these problems in the process of the development of sports, and they badly need by modifying and improving the existing "Sports Law" to be resolved. The successfully held

Beijing Olympic Games, has had a positive impact on the further development of China's economic and social and cultural aspects prosperity, especially played a huge role in promoting the development of China's sports undertakings. In this context, the Olympic Games Dongfeng amended as soon as possible to improve the existing "Sports Law" with the times, since when time and tide wait for no man. China's current "Sports Law" should gradually make the appropriate changes and improvement Athletes clearly defined legal status, clear the rights and obligations of the athletes, to protect the safety of the athlete's sport and other legitimate rights and interests, regulate the athlete selection, training, and exit mechanisms , regulate the behavior of the commercial use of Sports Intangible Assets, "Liu Xiang who" and "football" similar problems, standardized legal operating standards and processing basis.

the Eleventh National People's Congress Standing Committee decided at its 10th meeting:

amend law obviously not suited to the requirements of the socialist market economy and social development requirements,

deleting the Sports Law of the People's Republic of China "fourth seventeen.

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