公民体育权利的内涵与法律地位

Connotation and legal status of citizen's sports right

根据体育活动的内涵、功能以及与人的发展的关系,研究公民体育权利的内涵和法律地位,认为:体育权利的内涵应该确定为:每个公民获得从事体育活动的资格、条件与技能,从事自己所选择的体育活动并且从中获益的权利。该权利由利益、资格、要求、技能与自由5大要素构成。公民体育权利是时代进步与发展的必然产物,为了建设节约、和谐与创新型的社会,实现公民的全面发展,应该提升体育权利的法律地位。从身体健康权和文化权利的角度看,体育权利应该属于宪法权利。

According to the connotation and function of sports activity as well as the relationship between sport activity and human development,the connotation of sports right should be determined as the right of every citizen to acquire the qualification, conditions and skills for engaging in sports activities, to engage in sports activities chosen by that citizen, and thus to benefit from such sports activities. This fight consists of 5 constituents, namely, interest, qualification, requirement, skill and freedom. Citizen＇s sports fight is the inevitable result of the progress and development of the time. In order to build a resource efficient, harmonious and innovative society and fulfill comprehensive development of citizens, the status of sports fight should be promoted. From the perspective of physical health fight and cultural fight, sports fight should be attributed as a constitutional right.