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In the field of sports law \

Author: HuangLiang
Tutor: GuoShuLi
School: Xiangtan University
Course: Legal
Keywords: Sports Capital The third category rules Sports Law
CLC: D912.1
Type: Master's thesis
Year: 2011
Downloads: 62
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Abstract

Legal rules for the adjustment of sports has a long history. What kind of legal rules to deal with the contradictions within the field of sports is fundamentally depends on the interests of the sports industry's own production patterns. In the long time of development of human society, the interest lies in the development of sports for the national reserve a lot of quality labor and soldiers. Thus, the contradiction in the field of sports took place in the state power between the people and the rule, while the norms for handling this contradiction is reflected strong public law nature. In such rules of law with public law nature (hereinafter referred to as rules of public law) under the adjustment, the final formed, it is built on the administrative body and administrative relative relationship between the administrative law. Production model of human society after the transition to the production of capital, capital began looking for investment in all areas of society market. Especially after the end of World War II, became the European capital of sport satisfactory profit sites. In a vast audience of some projects, the emerging capital profit model replaces the spontaneous or state-supported sports development mode. After nearly seventy years time, the development of sports interests increasingly tend to \Therefore, in the sports development model, the majority of people watching and a few professional sports athletics slowly replacing the small number of people on the sidelines while the majority of people involved in mass sports. Accordingly, when the contradictions in the field of sports began to reflect an individual capital and the development of sports competition for state power struggle for dominance (socialist countries) or competition between private capital markets and other aspects of quality investment struggle (Western capitalist countries) . Therefore, the emphasis on equality, freedom and fair rule of law with a private law nature (hereinafter referred to as private law rules) has become the dominant sports field contradictions are resolved the main method. However, with the continuous development of sports, especially sports capital continues to expand, new conflicts are existing mechanisms on the brewing. In 1995 Bosman transfer a case as a symbol, sporting a split internally generated capital, this split, represent two have completely different modes of production surplus value of sports capital began to appear in the course of the development of sports. FC Barcelona until 2008 whether it should release Messi for Argentina's controversial appearance in the Olympics. Both sports capital of the contradictions already developed and need to irreconcilable with the \This indicates that the economic foundation for the superstructure of the adjustment request has been made, regardless of the original rules of public law or private law rules can temporarily coordinate how these new contradictions in the third category of sports rules have to find their own space exists. Because in the case pending Messi cited \\In fact, since scholars put forward the \And a legal department if even their own unique range of adjustment and the object can not be defined, we really can not expect this sector but also what kind of law and better development. In order to solve this problem, the most fundamental one is to find their own adjustments to its object and scope. The author in the field of sports to find a large number of legal rules such an \rules. And to eventually establish an independent legal department of sports, try to make some theoretical inquiry and contributions.

In the field of sports law \

Abstract

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