试论体育财产权及其价值

Analysis of Sports Property Rights and Its Value

体育财产权有其特殊性。以此为起点,遵循个体利益和社会利益相平衡的原理,我们通过对体育财产权进行类型化区分,按照正当性评价、法律规范方式和内在价值追求的逻辑路径,在一个综合的、彼此可以兼容的框架内对其进行了探讨,立足于多元主义的立场,提出了个体优先和社会优先两种财产权正当性的判断模式,具有很强的包容性,可以弥补有关具体财产权的研究缺少一致性理论基础的不足。同时,还为体育财产权研究进行现代性的视角转换提供了一个有效的选项。

Sports property is particularity. As the starting point, following the principle of the balance of individual interests and social interests, we divide sports property into three types. Later, we do the interpretation of the principle of evaluation of justice, the way of legal norms and the pursuit of intrinsic value about sports property, so we can have the formation of the overall understanding of sports property right system. There are a basic study of sports property, how it can have a uni- fied and comprehensive theory. Based on pluralism standpoint, we proposed two kind of judgment model of legitimacy of property：the model of individual priority and the model of social priority . It has strong inclusive. It can make up for the lack of conformity theory about research of the specific property, also can provide a compatible with each other and com- prehensive framework for different types of property rights. At the same time, it can provides an effective option for the study of sports property rights to transform of the modem perspective.