后奥运时期中国体育法治建设理论与实践构想

奥运会作为全世界体育盛会,更是全世界人民团结、和平、友谊的盛会,理应成为团结和谐的盛会。而一届高水平、有特色的奥运会必须以平安奥运为基础,平安奥运必须有完善的法律保障,这是奥运会成功举办的制度基石。从思想上必须确立人文奥运即法治奥运的理念,体现以人为本的法律发展观与奥运宗旨,从法治环境和安全措施上实现平安奥运的基本目标。历届奥运会举办过程中,世界上总有一些不法分子和政治组织逢奥必扰,践踏奥林匹克宪章宗旨,严重违反国际法准则。后奥运时期,适应扩大人民民主和经济社会发展的需要,更应当重视体育法治建设的理论与实践创新,加快完善体育法律制度体系,依法保障奥运会后中国体育事业又好又快地科学发展。用法律思维和法律方法,研究促使竞技体育、大众体育、学校体育、社会体育和体育产业健康协调发展,加强对中国体育事业改革发展的法律研究,树立以人为本的法治理念,在中国由体育大国迈向体育强国的进程中,切实保障公民的体育权益,为体育事业健康可持续发展创造良好的法治环境,建立健全有利于经济社会和体育事业协调发展的规范有序的法律保障机制,这是奥运会后中国建设体育强国的法治理论与实践创新的路径选择。

Theoretical and Practical Framework of Chinese Sports Law System in Post-Olympic Games Period

Olympic Games,a world supreme sporting event,is an occasion for people throughout the world to enjoy unity,peace and friendship.Any high-level or unique Olympic Games must be preoccupied with concept of safety which calls for a sound legal protection.This is the foundation of the success of Olympic Games.The concept of the Safe Olympic means nothing but the rule by law for Olympic Games and this people-oriented rule has become a good manifestation of Olympic Games goals.Hence,the safety measures and lawful environment become a must if any achievement is meant to be made.It should be noticed,however,that no previous Olympic games have not been disrupted by some unlawful people and certain political organizations.These events simply go against the principle of Olympic Charter and severely violate the norms of international law.In the Post-Olympic period,the innovation of both theory and practice of Sports Law should be made more adaptable to meeting the needs of democracy expansion,economic and social development.It thus becomes an imperative for us to give a shape to a sports law system in the least delay,and by this way to safeguard China’s sports undertakings in a scientific and healthy way.It then calls for a research,spirit and methods of which are based on the concept of law and it justifies a research dedicating to healthy growth of competitive sports,mass sports,school sports,community sports and sport industry.It is necessary for us to engage with more zeal into the research of sports renovation for China and this shall be done from the perspective of law.This engagement shall be dominated by the concept of "people first",for people’s right and privilege in China have to be assured by this way during the transfer of being a sports major into being a sports power.A good lawful environment is thus realized.The aim is to establish orderly legal protection mechanisms in favor of harmonious development of social economy and sports.It thus offers a new path in post-Olympic era by offering theoretical and practical basis for China to reclaim the world sports power.