论文关键词 体育权利 大学生 途径
Keywords sports rights of college students ways
一、体育权利的概念及内容
The concept and contents of sports right,
现代法学的核心是权利，著名德国哲学家莱布尼茨认为法学即为权利之学，作为一门法学学科的体育法，也必然会涉及体育权利这一核心概念。体育权利是体育法学的一个基础问题，而具体何为体育权利，其概念界定出现在各种文献中，各种观点均有。比如陈华荣在《我国体育权利概念认识：困境与发展》一文中，对体育权利做了如下界定：“广义的体育权利包括所有在体育运动中产生或与体育运动相联系的权利。狭义的体育权利是指社会认可或法律承认的，人们参与体育活动、参加体育竞赛、接受体育教育、享受体育生活的资格和可能性。”方燕在其硕士论文《体育权利及其法律保护研究》中指出，体育权利可分为明示的权利和推定的权利，前者如《国家体育锻炼标准施行办法》中所规定的优先录取权等，后者则是由宪法等法律所规定公民所享有权利的推定或引申权利。刘毅在其硕士毕业论文中也对此做了描述，这三位学者在其论文中详述了各个专家学者对体育权利的看法。此外还有很多学者都以自己的观点对体育权利做了认定，在此笔者不再一一赘述。
The core of modern law is right, the famous German philosopher Leibniz think the law is right, as a legal subject of sports law, inevitable also meeting the core concepts related to sports rights. The sports right is a fundamental problem of sports law, and specifically what sports right, defines its concept appeared in various literature, various views have. For example, Chen Huarong in the "concept of our country sports rights awareness: Predicament and development" in one article, the sports rights made the following definition: "generalized sports rights including right all produced or associated with sports in sports. The narrow sense refers to the social recognition of sports rights or legal recognition, people participate in sports activities, to participate in sports competitions, to accept the sports education, enjoy the qualification and the possibility of sports life." Fang Yan in his master's thesis "sports rights and legal protection of" pointed out that sports rights can be divided into explicit rights and presumption of rights, such as stipulated in the former implementation of "national standard of physical training method" in the priority enrollment, the latter is prescribed by the Constitution and other laws and civil rights presumption or extended rights. Liu Yi in his master's thesis also do is described in the paper the three scholars detailing all experts and scholars view on sports rights. In addition, there are many scholars from their own point of view on sports rights to do that here I no longer one one of them.
In many of the sports right, the author thinks that Hu Guanpei in "" Sports Law > right system and its perfection "in one article, in accordance with the provisions of the" sports law "of the people's Republic of China which has been published for 17 years in the law to define sports rights more accord with the reality of our country. "Sports law" in the first chapter I general provisions stipulated in the development rights, management rights and the right to participate in the three basic sports right. Among them, second pointed out that the state should develop sports, to carry out mass sports activities to improve physical fitness of the whole nation. Third for a further description unless the state itself to the development of sports undertakings, but also encourage enterprises and organizations, social organizations and citizens to run and support for sports, this is the development of sports rights; the fourth is that administrative departments at all levels in their respective purview management of physical work, this is the sports authority it belongs to public power category; sports participation rights refer to the rights of the subject of the right to participate in sports activities. Three kinds of rights, it can be said that the sports participation right is "sports law" legislation to place emphasis, so in addition to the general principles of the first chapter of the second specific physical education work should be the participation of the whole nation, then in the second chapter to the fifth chapter further detailed provisions of the social sports, school sports, competitive sports and sports social groups the development of sports rights and the right of participation content.
二、大学生体育权利保护现状
Two, college students' sports rights protection status
College students sports rights should be a kind of capability or qualification of college students, that is in accordance with the provisions of our constitution and related laws and regulations, to participate in various sports activities and sports affairs, ability to act or not. College students sports rights are mainly embodied in the "school sports sports law" the third chapter, in this chapter, the provisions of the school should take the sports as a part of education, must offer physical education schools shall create conditions for students on physical education and extra-curricular activities; in order to make the students sports rights can be realized. Schools should be equipped with qualified physical education teachers, in accordance with the provisions of the administrative department of Education under the State Council with sports venues, facilities and equipment; the school should establish a system of medical examination for students, strengthen the inspection of the students' physique. The main body of sports rights is the implementation of the students sports rights can be realized in a large extent depends on the student's independent consciousness, and we present the reality is not enough students to know and the importance of their sports rights, I once asked a class I teach this question, what are the right to know of college students? Students can answer the provisions of the education law of our country right, but when I asked what is the sports rights? All the students answer is not know. Therefore, the sports rights among college students is still a new term. Quite a few students like sports but not to the PE class, because PE is very boring, not the sport you like, will not consciously engage in extracurricular sports activities.
Universities are currently in accordance with the provisions of the sports law arrangements have PE classes to guarantee the students' sports rights, there are sports venues and sports facilities to ensure the physical education curriculum development, but there are still the following defects. First, PE class just exercise class, but did not learn the sports laws and regulations in the course, including sports professional students, are not aware of learning sports also have legal protection; second, sports venues and sports facilities not complete, just for learning to teach physical education, unable to meet the needs of most students extracurricular activities; third, because of the lack of consciousness of college students, no students feel their sports rights have been infringed, the majority of students don't think I have the freedom to choose the right sports project, but obey the arrangement of the teacher, and students to participate in extracurricular activities has little chance of. To solve these defects, need to strengthen students' rights and obligations of the education and guidance, strengthen the physical education curriculum and extracurricular activities management, change of college students sports concept, so that their sports interest and enthusiasm is improved, so that the students really become the promotion of sports rights the implementation main body and the backbone.
三、大学生体育权利实现之途径
Route three, realizing the rights of College Students Sports
如何能够保障大学生体育权利的实现是我们亟待解决的问题，综合目前我国高校的现状，我认为，除了各高校目前普遍采用的体育课来加以保障学生的体育权利之外，我们还可以采取如下几种途径：
How to realize the security of students sports rights is the urgent problem for us, integrated the current situation, China's colleges and universities and I think, in addition to various universities currently used PE to guarantee students' sports right, we can adopt the following several ways:
（一）充分利用学生社团，保障大学生体育权利实现目标
(a) make full use of student organizations, ensuring sports rights of college students to achieve the goal of
学生社团是学生自愿组成的学生组织，目的是实现会员的共同意愿并满足自己的兴趣爱好。学生社团多种多样，是我国校园文化建设的重要载体，是我国高校第二课堂的引领者。学生社团的建立有益于学生的健康成长，组建学生社团的目的是活跃学校的学习空气，提高学生自己管理自己的能力，丰富学生的课余生活。学校可以根据学生的不同兴趣引导学生成立各种不同类型的体育社团，以交流思想，增进友谊。每年可以根据学生社团情况组织一些社团比赛，提高学生参与社团的积极性，使学生社团成为保障大学生体育权利的有力武器。
The student association is composed of voluntary student student organization, the purpose is the common wish of member and meet their own interest. Students associations varied, is the important carrier of campus culture construction in our country, is our country University second class leader. Establish the student community is beneficial to the healthy growth of students and the construction of student associations is the purpose of active school air, improve the students to manage their own ability, enriching the student's extracurricular life. The school can be different according to the interest of the students to guide students to set up various types of sports associations, to exchange ideas, enhance friendship. Every year can organize community game according to the student community, and improve the enthusiasm of students to participate in community, to enable students to become a powerful weapon to safeguard community college students sports rights.
（二）合理利用学校体育馆，加快大学生体育权利实现效率
(two) the rational use of the school gymnasium, accelerate the realization of the efficiency of College Students' Sports Rights
With the development of economic globalization, more and more sports events held in large and medium-sized city in china. These events is only a short-term event, but in order to make sports perfectly organized to complete, each sports event will build some security sports stadiums. At present almost all the colleges and universities have their own stadium, but after the end of the race, the use of problem stadium became a new subject of colleges and universities need to solve, therefore, can be combined with student organizations and students interested in finding out can reasonable use stadium way and method, make the school gymnasium not idle down, but also can make college students sports rights are further protected. For example, the China Agricultural University stadium, at the Olympic Games after the end of the race, to get full use and reasonable, now Nongda stadium has become an important classroom of physical education and art teaching, it can be said that except for Sunday, the daily courses are arranged Manmandangdang.
（三）加强与校外体育俱乐部的联合，扩大大学生体育权利实现范畴
(three) to strengthen the joint and extracurricular sports clubs, sports rights of college students achieve category expansion
由于高校体育课时间分配有限，课外体育活动就成为学校体育教育的一个重要组成部分。课外体育活动是一项有益于身心健康的活动，能够提高学生的身体素质，为学生将来的职业需求打下了良好的身体素质基础。课外体育活动最主要的实现途径是学校的社团，还有专门的体育俱乐部，体育俱乐部可以为学生提供更为灵活的活动手段，而且因为有及时、专门的引导者，可以提高活动锻炼的质量，并且能够激发学生锻炼的热情。但因为学校体育老师的时间和空间的影响，不能满足校内俱乐部的课外活动模式，因此学校可以考虑加强和校外体育俱乐部甚或健身房的联系，引导学生健康消费，而非盲目的听信某些健身俱乐部的广告，结果白花了钱，却没有达到健身和实现自己体育权利的目的。
Since the time of College PE course Distribution Co., extracurricular sports activities have become an important part of school physical education. Extracurricular activities is a activities beneficial to physical and mental health, to improve the students' physical quality, the physical quality of a good foundation for future occupation needs of students playing. Extracurricular sports activities of the main ways of realization is the school community, and specialized sports clubs, sports clubs can provide students with more flexible methods of activity, but because of timely, special guide, can improve the quality of training activities, and can stimulate the students' enthusiasm of exercise. But because of the influence of school physical education teacher's time and space, can not meet the school extracurricular activity club mode, so the school can be considered to strengthen and after-school sports clubs or gym contact, guide the students healthy consumption, rather than blindly believe in some fitness club advertising, results spent the money, did not achieve the fitness and implementation the purpose of their sports rights.