摘要
运动员作为体育法律关系主体的重要组成部分,在《中华人民共和国体育法》中并没有单独规定出来,权利义务也没有做出任何具体规定,涉及到的法律就是宪法和其他部门法中关于公民基本权利的规定。但是,未成年运动员还没有公民权,作为特殊劳动者其监护权也没有在民法体系中做出规定,特别是基于运动员参赛的复杂性,使得其监护权、代理权、保管权等一系列的民事权利不能有效行使,在这种情况下,就需要法律给予特殊的保护。在现实生活中,已经出现了运动员与教练员因为财产保管而引发的一系列诉讼,很多都是通过调解来结案的,这方面的立法亟待完善。本研究即对这些问题引发的法律困境进行探讨。
As an important part of the subject of sports legal relationship, there are no separate provision of athlete, and no specific provision of athlete＇s right and duty in sports law. Provi- sions involved in athlete are those referring to the fundamental rights of citizens in the constitu- tion and other department law. However, underage athlete has no citizen＇s right. He or she is a special laborer and the guardianship of underage athlete has not been prescribed in the system of civil law. Especially, as the complexity of athlete competing in races, a list of civil rights, such as, the guardianship, the right of agency, the right of custody, etc. can not be exercised effectively. On this occasion, special protection should be given to athlete by law. Actually, a series of lawsuits initiated by disputes of the custody of property between athletes and coaches have been brought into courts. Most of them are closed through mediations. Thus, legislations in this area need an urgent improvement. This paper aims to discuss legal difficulties caused by these problems, and in addition, to pave the way for the modifications of sports law.
出处
《体育科学》
CSSCI
北大核心
2014年第1期8-13,共6页
China Sport Science
关键词
运动员
权利
保障
athlete
right
security
