Abstract:The continuous development of social economy and culture, the establishment of the constitutional rights of citizens should be open. Even the constitution as the fundamental law of the stability cannot kill it on the constitutional rights of citizens of the inclusive. The guarantee of human rights provisions of the constitution is a constitutional right system of openness and inclusiveness provides according to. We have reason to believe that, the right content in the corresponding constitutional provisions of human rights embodied in the sports right is a constitutional right of the citizen of our country, it is not a single pure rights provisions, like other rights that have special provisions is not possible.

Key word.Sports rights constitutional rights

   

   What is the citizen sports rights? Sport is a human right? In China, sports rights can become constitutional rights? This paper tries to make a shallow analysis, and as a basis for the study of sports law himself

    A sports and sports rights

   (a) what is the sports?

   We in the "Sports" this word is not strange. However, it is not easy to be true to the concept of "Sports" a definition. The most commonly used "Genus and differentia" definition method (the defined concept of =df. (a kind of difference + neighboring belonging concept)) [1] does not seem to apply, because we can't find the concept of the right, and two poor generalization seems to be difficult and incomplete.

   Japan in 1961 enacted the "Sports Promotion Law" defines the concept of sports mainly discuss two methods: sports is a kind of means to improve people's health, but also a means to realize the people's heat, that is to say, the sports included in the scope of health and entertainment. The South Korean dictionaries that sports is a great international entertainment. More and more countries, think that sports is a kind of culture, the relationship between man and nature, the main adjustment

   China's 1995 "sports law" the sports into the social sports, school sports and competitive sports, from a logical perspective, this division does not meet "the same standards" principle, committed a "sub compatibility" and "infinite extension" mistake. Therefore, China's sports have not yet formed a a concept of localization.

   Although there are many difficulties in theory, but, we still see clearly, our present sports includes social life fitness, sports, entertainment, recreation, physical activity, is essentially a Olympic glory for the goals of the sport system, the occupation athlete, as the intellectual class, workers well, farmers as a sport as a means to make a living. At the same time, sports also appear gradually cultural functions: swimming pool, bowling, golf and other places of physical activity have been incorporated into the cultural entertainment series, continues to shape the soul

   All along, the sports to be understood for individuals or groups to comply with special rules of sports activities. The international expansion of the sports area, and develop into a broad content and cross international sports. Based on this, I think, at least in this analysis, mainly related to physical health, social and cultural activities and labour in three aspects

   (Two) what is the sports rights?

  

The concept of physical education on the understanding, we know that sports is a complex phenomenon. From the physiological point of view, it is the essence of health; from the sociological perspective, any sports is a phenomenon of social culture; from the perspective of existence, sports and labor living. So, human rights speaking, I think the sports right is mainly includes the health right, right of cultural activities, a composite right to labor rights

    Two. Physical education is a human right

   "Human rights" (Human Rights) a word, its ideological origin from the European Renaissance humanism, at that time, people constantly awakening, humanity began to return. With the development of human society from modern to modern, "human rights" vitality increasingly stronger, has evolved into a global discourse. In modern Chinese, "human rights" already a popular vocabulary

   So, what is the human rights? Human rights, according to its original meaning, refers to a person as a person enjoy or should enjoy the rights. The most common form of [3] as rights, human rights includes two meanings: the first is right, is "generally, properties of individual countries" beyond the scope of the right (Engels language), rather than specific rights. Second ideas, that is humane, as USA scholar Lewis h. Kim said: "human rights is our concept of the era, is already widely accepted only political and moral values." visible, human rights and civil rights, combined with the will of the state, and the humanitarian, human nature and so together, has the moral attribute

   Human rights since its birth, has experienced a political slogan to revolutionary creed, constitution, international documents, and finally to the development of international human rights law. Human rights not only between different countries and their people to establish a code of conduct, the implementation of control play a role but also on international affairs

   Sports rights are "is a song between different countries and nationalities of mutual tolerance and understanding of the hymn" (Kofi Annan language), the sports right is an important part of human rights

   First of all, sports is a basic concern for people's physical and mental development, through physical exercise and physical pleasure means, safeguard people's health, and thus for the distillation of the rational safeguard people's health rights. From the view of human right, safeguarding the physical health right is an important part of.1946 human years, the World Health Organization (WHO) Zhang Chengzhong proposed: "health is the most basic human rights, regardless of race, religion, political, economic and social status of the Universal Declaration of human rights". > > twenty-fifth provisions of the first paragraph: "everyone has the right to life" to enjoy himself and his family. Kangle needed economic, social, culture international convention > > twelfth provisions of the first paragraph: "the States parties to the present Covenant recognize the physical and mental health the highest standard of the right of everyone to may reach the." In this way, the sports rights as a kind of health right is found as human rights foundation.

   Secondly, the sports right is one kind of social culture activity. After the founding of the United Nations, cultural activities has been the first to confirm the "Universal Declaration of human rights", the provisions of article twenty-second: as a member of society, has the right to enjoy social security, and the right to the enjoyment of economic, the personal dignity and the free development of personality social and cultural rights. Twenty-seventh the provisions of the first paragraph: everyone has the right freely to participate in the social life, culture, art, and common sharing of scientific progress and its interest in. At the same time, "the social, economic, cultural convention" article fifteenth paragraph first a provision: the States parties to the present Covenant recognizes the right of everyone to take part in cultural life. Obviously, the sport as a social and cultural activity right also found the foundation of human rights.

   Finally, the sports right is a right of labor. "The Universal Declaration of human rights" twenty-third stipulates: "everyone has the right to work", "social, economic, cultural convention, the provisions of the first paragraph of" sixth "everyone has the right to work, everyone has the chance to earn a living by rights including the freedom to choose my work". Similarly, we think this is the right human rights on the basis of sports.

   In addition, the 1978 UNESCO by the "physical education and Sports International Charter" first rules "in sports training and sports is a basic human right". The basic principles of the modified Olympic charter also increased provisions: "sport is a human right. Everyone has the ability to do sports according to their own needs." Thus, the United Nations and the International Olympic Committee admits that sport is a human right.

   Therefore, regarding human rights, can think of sports rights "is used in all the world people and people with a series of basic principles of law, the legitimate demands due to the inherent dignity of human beings and their physical condition, the purpose is to protect everyone's birthright." In short, sport is a human right.

   Three, the sports right is a constitutional right

 (a) what is the constitutional rights?

   Analysis of human rights from the existing form of the logical dimension, the connotation of human rights including the rights, legal rights and actual rights. Rights refers to the person's rights, is a source of specific rights, is to show that the necessity of human rights. Legal right is a legal recognition and protection of the rights by the state, is the legal form of the rights, the legal rights of the show. There is a right that people enjoy in the realistic society rights, should be the degree of realization of the rights and the rights of real state, shows that the real rights. The basic relationship between them is: the idealistic rights to provide the source of value and standard of judgement for legal rights, to create conditions for the realization of the statutory right to obligatory rights.

   In the early stage of human society, the obligatory rights protection is realized by the ordinary law. When the human society developed to a certain stage, the Constitution (the Constitution can be traced back to the 1215 "Great Charter of liberty"), people found the constitutional norms, then, people began to use the constitution has the highest legal effect to those important, indispensable, fundamental and decisive right rights are human rights recognized and protected, became a constitutional right.

  6]

   In other words, in the conversion of Rights -- legal human rights -- actual human rights in the process of evolution, the constitution plays a key role, by rights to legal rights is the Constitution and the selected integration corresponds with human rights, namely, processing and standardization, institutionalization, legalization of human rights, which is the main work the rights transformation and rise to the citizen basic right position, and regard it as the start of each department provisions of law on civil rights and other rights, the constitutional law enforcement and compliance activities of the foundation and basis and process to achieve. [

   The constitution is the key link to real human rights -- Transformation and evolution and site, promotion and Realization of Rights -- legal human rights but, constitutional rights and not from the constitution, constitutional norms only its form of expression, human rights is the foundation of constitutional rights. Constitutional rights are in a certain historical period, basis and validation of a selection condition of social material and cultural life is corresponding to a human rights. The constitutional development and improvement process, is a process of growing species of constitutional rights. Without the concept of human rights and human rights principles, the development of constitutional rights is blind, lack of vitality, like a parasitic roundworm in animal body, once the animal body death, Ascaris will go into an infinite the shadow of death.

  To be clear, the constitutional rights, is the pronoun of basic human rights in the constitution, rather than the strict sense of the "constitution" concept, that is I think the constitutional rights and basic civil rights are the two concepts are not equivalent.

   (two) the sports right is a constitutional right of the citizen of our country reason

    1, the sports right is the human most important human rights.

   Sport is a human right, on this point, this paper has described in the second part, no longer. Sports rights on human health importance is beyond question. Ancient Greece Socrates and Platon all think that physical exercise is an important means of fitness, health is the foundation of efficient and quick thinking, physical perfection, harmony of man. Sports rights as property rights including culture, people's entertainment, optimizing the development of freedom and individual, is an essential to human care. For sports occupation athlete, sports rights of such a labor rights equal to the right to make a living, not labor cannot be assigned to the physical product, cannot have the enjoyment of material life and spiritual life of rights. For a human essential so important, the constitution has reason to see it accepted as a constitutional right.

    2, based on a hypothetical (this assumption is obviously has its rationality)

    If the assumptions in the "Universal Declaration of human rights" in the confirmation of human rights can be regarded as in the world scope applicable to humans have common rights, then, that human rights should be the common rights stipulated in the constitution of constitutional rights. As Henkin said: "since the international human rights referred to as rights, means people have them, but they are declared by the government, and depends on the government is willing to accept and respect their." So we set up a logical consistency between presumption of universal human rights and constitutional rights, although this was consistent presumption to prove some level of existence, in practice and in the inevitable contradictions. [7]  Now, since it has been proved that physical education is a human right, a world of human rights, then it must be part of the constitutional rights in the common country. China constitution is obviously the domestic constitution, therefore, the sports right should be a constitutional right of citizens in china.

 

    3, in our country, the main body of sports rights and constitutional rights is basically the same

   As a human rights sports right, everybody is right. Everyone has the right, first of all is a natural person's rights, as long as the person can enjoy.Secondly, the subject of human rights also include certain society, such as women, children, the disabled, minority racial and ethnic rights, this is "extension" as the subject of human rights. With the continuous development of human rights, the human rights body also includes countries, all of humanity, this is mainly reflected in the full environmental rights and peace and security. [8]

     The subject of constitutional rights, in short, is a constitutional right to enjoy, is refers to the constitutional relationship between people and organizations. Specifically, the subject of constitutional rights is apparently the citizen. Citizen, with the people's Republic of China nationality. In our constitution, "citizen" and "people" are two different concepts. People are a group concept, is a political concept, to distinguish it from the enemy from politics, mainly in the class content division, and in the scope of people in different historical periods and different. The citizen is a person, is a legal concept, it is determined by nationality, its scope than the people widely. The citizen not only includes the people, including the deprivation of political rights according to law, the object of dictatorship, they are not people, but is still our citizens sports rights, which also protected by the constitution, as long as the sports right is a constitutional right.

The constitution is the identity of citizens. We say that the human rights of citizenship, has already broken the scope. But China sovereignty, sports rights as human rights, the subject is the most Chinese citizens, while also including foreigners in China territory and stateless persons.  As a human rights sports rights, which have positive human rights components. The so-called positive human rights, is "requires the state actively for the rights", these positive rights is to ask the government to actively take measures to recognize and promote implementation, its purpose is to safeguard and develop personal health. Comprehensive speaking, in Chinese territory, sports rights and constitutional rights subject range is basically the same. This is also the sports rights has become one of the constitutional rights of reason.

   At present, great changes have taken place in the concept of the state, the state of non intervention by the state to humanism, countries began to extensively interfere in politics, economy and culture. The state has also become the subject of constitutional relation, and the rights of citizens by the exercise of state power to safeguard and.

    4,"The state respects and safeguards human rights"Provisions of the Constitution

   Sports rights as a compound right, every aspect of its connotation has reflected to some extent in our constitution. The health right of our country, the provisions of the second paragraph of the preamble to the constitution of twenty-first: "national sports development, to carry out mass sports activities, enhance the people's physique." The cultural activities of rights, article twenty-second of the Constitution stipulates: "the development of mass cultural activities", the forty-seventh also specifies the citizens shall enjoy the right of cultural activities. Labor rights, the forty-second constitution made specific provisions.

   If these provisions only in the preamble to the constitution, at most only scattered in the "basic rights and duties of citizen" chapter, but that cannot be deduced from our citizens sports rights is the constitutional right, then, "the state respects and safeguards human rights" provisions of the constitution allows the derivation of possible.

   The guarantee of human rights provisions for the general, lifting and control about "the basic rights of citizens", highlighting the principle of human rights, basic rights that citizens about the provisions of this chapter is the embodiment of the "national respect for the purposes and principles and safeguard human rights". A unified macro security and micro regulation, the logic of the system constitution of the second chapter is more complete. [9]

   Through the analysis of the human rights and constitutional rights of third parts. In the first section, we known sources of human rights is the constitutional rights of citizens, the constitution only for constitutional rights are stated, the establishment of its security system. The continuous development of social economy and culture, the establishment of the constitutional rights of citizens should be open. Even the constitution as the fundamental law of the stability cannot kill it on the constitutional rights of citizens of the inclusive. The guarantee of human rights provisions of the constitution is a constitutional right system of openness and inclusiveness provides according to. We have reason to believe that, the right content in the corresponding constitutional provisions of human rights embodied in the sports right is a constitutional right of the citizen of our country, it is not a single pure rights provisions, like other rights that have special provisions is not possible.

   

   Thus, this paper has defined the nature of Citizen Sports Rights: is an expanding the scope, content is constantly enriched the rights, is a comprehensive right; also have argued it is the constitutional rights of our citizens, sports is not only is not a administrative department or institution under the leadership of the government the cause, but in order to meet the needs of people, is a kind of individual freedom and social human rights. So, how do we respect (respect), security (protect) and (fulfill) the citizen sports rights? This is to optimize the China citizen's lifestyle, mental and physical pleasure, it has far-reaching meaning and stimulate national creativity cultivation in good taste. This involves the constitutional litigation, constitutional judicialization of the problem, in view of my research on sports law is not enough, point of view is not very mature, this paper will not be analysis.

 

Reference.

{1] Li Shunwan, Jin Chengguang: "the legal and practical logic", room 2002, logic research faculty of Southwest University of Political Science and Law, P46

[2] Feng Yujun, Ji Changlong: "perfect" on protection of sports right and China sports law, load "Journal of Northwest Normal University (SOCIAL SCIENCE EDITION)" in 2005 third

[3] Xia Yong: "the concept of human rights -- the right origin of philosophy of history", China University of Political Science and Law press

[4] Huang Shixi: "international sports and Sports Rights: an international human rights law interpretation" carrier ", international and comparative law" seventh series, China Fangzheng press

[5] Tong Zhaogang, Sun Qilin, Zhou Ning: "sports humanistic sports -- Interpretation of the culture", China customs press

[6] Wen Zhengbang: "the constitutional course", Law Press, 2005, P137

[7] Mo ` s: " modern constitutional logic basis", Law Press, 2001, P432

[8] Li Buyun: "human rights law", higher education press, 2005, P15

[9] Jiao Hongchang: "" the state respects and safeguards human rights "Constitutional Analysis", "law" in 2004 third Chinese load period

 

   As everyone knows, two thousand years ago in Athens, is regularly held the famous "Olympia" event, physical exercise, sports games and win in the competition, be regarded as a natural kind of divine right, life they are usually a part of everyday citizens, all. Thus, in the very early stage of human history, physical activity is the Greeks understood as a "natural rights". In fact, it is this first originated from ancient Greece, ancient Rome natural sports rights concept, very deep penetration in the ancient people's daily life and culture, has been passed down, become a part of the modern Olympic spirit, and to become the consensus of all mankind. [2]

PS: This is my first major contents of the article, can be said to be academic debut, probably two year school encourages everyone to writing academic papers, I out of passion and curiosity and, still thank dear teacher Zhu guide carefully side by side, her the boot mode and open attitude, suddenly opened my vision, completely changed my thinking, my guide a comparison with the academic thoughts, that I had not finally been some students be cynical mood of the infection, impetuous to talk with eloquence.