论我国体育权利宪法建构-宪法与行政法学专业论文.docxVIP

II II 第三部分主要介绍体育基本权的权利体系。分别从平等权、劳动权、 结社权、生存权、受教育权以及文化权六个方面论述其作为宪法权利所具 有的权利体系。 第四部分从权利实现的角度出发，分析宪法理论上体育基本权存在的 制度缺陷和障碍并加以完善，希望对我国体育基本权实现更好的制度保障 能够提供思路和借鉴。 关键词：体育权利 宪法 体育基本权利 III III ABOUT THE CONSTITUTIONAL CONSTRUCTION OF SPORTS RIGHT IN CHINA ABSTRACT Sports right is a comprehensive right which is derived from the relevant regulations of Constitution and Sports Law. It has the attribute of basic constitutional rights, belongs to the category of basic rights. With the development of sports cause and the increasing public’s consciousness of right, sports right has drawn wide attention. However, most domestic scholars take empirical researches of sports rights based on the Science of Sport Management and Science of Sports Law, ignoring the existing value of sports right as a basic right. The author, from the point of the constitutional law, constitutional constructions our sports right, back to the basic right itself. Its theoretical basis and historical origin as well as its concept, structure, function and specific right system are all included in this paper. In addition, the author also puts forward reflection and review of the existing system deficiency for its fulfillment, hoping that will be helpful for its realization and improvement. This paper is divided into four chapters, that is, theoretical basis and legal origin, the connotation and function, the system and the realization of the basic right of sports. The author will discuss and analyze the constitutional construction of the basic right of sports from those four aspects. PAGE PAGE VI In the first chapter, the author states the theoretical basses and historical origin of the basic right of sports. The theoretical basses are: ethical basis, philosophical foundation and constitutional basis. The legal origin contains the changes and development of sport basic rights, which is demonstrated from the perspective of legal norms, combing International sports files with domestic legal system. In the second cha