摘要
着残疾人权利的日益重视,体育权已经成为残疾人不可剥夺的权利,保障残疾人体育权利的实现对维护残疾人的利益、推进残疾人的健康发展及促进和谐社会发展具有至关重要的意义。软法在保障残疾人体育权利中正担当着越来越重要的角色。分析硬法在保障中存在数量少、过于笼统和不合时宜等不足后,明确软法体系的基本范畴,强调软法具有较强的优势而更能满足残疾人体育权利不断增长及保障的需求。针对软法的弱点,从加大和提高残疾人体育权利相关软法的传播和宣传力度、完善保障相关软法的制定程序、严格对相关软法的适用程序、重视软法责任追究机制和建立残疾人体育软法实施的监督机制等方面,为我国残疾人体育权利保障的软法体系建设与完善提出建设性参考意见。
There has been a growing concern on the disabled rights, among which the sports rights have become an inalienable part, so the guarantee of such rights plays a vital part in protecting their interests and promoting their health as well as a harmonious society. And it is the soft law that is becoming increasingly important in guaranteeing the disabled sports rights. By comparison with the hard law which is ineffective with its limited numbers, too broad descriptions and incompatibility to present needs, this paper defines the basic category of the soft law system and underscores it can perform better with its advantages over the hard law to meet the growing demand from the disabled for their sports rights protection. Meanwhile, based on disadvantages of the soft law, this paper offers its suggestions on the construction and the improvement of the China＇s soft law system related the disabled sports rights through the measures of increasing the publicity, improving the formulating procedure, tightening the application process, attaching importance to the investigation into the legal responsibility and setting up its supervision mechanism.
出处
《首都体育学院学报》
北大核心
2010年第6期10-13,共4页
Journal of Capital University of Physical Education and Sports
关键词
软法
硬法
残疾人
体育权利
保障
soft law
hard law
the disabled
sports rights
guarantee
