Accelerate the construction of a sports power, and the sports law is fully revised for the first time

The revision of this time, especially focused on summarizing the vitality of the development of my country's sports, gathered the spiritual power of realizing national rejuvenation, and stimulating the enthusiasm of the people to continue the struggle. This revision has added "promoting the spirit of Chinese sports and cultivating Chinese sports culture" as an important component of legislative purposes; in the general rules, the provisions of "promoting the Olympic spirit and supporting the participation of international sports"; focusing on stimulating the spirit of the athletes. At the same time, enhance the awareness of adolescents and strong health, and increase the physical fitness of adolescents to unprecedented heights.

——In Guo Linmao, Director of the Social Law Office of the Standing Committee of the National People's Congress, Guo Linmao

Recently, the 35th meeting of the Standing Committee of the 13th National People's Congress voted to pass the newly revised "Sports Law of the People's Republic of China" (hereinafter referred to as the newly revised sports law), and will be implemented from January 1, 2023. This is the first comprehensive system revision after the law was promulgated in 1995.

"The combination of national fitness and the health of the whole people is the key content of the amendment of this sports law." Yang Heqing, director of the Legislative Planning Office of the Standing Committee of the National People's Congress Standing Committee, introduced that developing sports and enhancing people's physique is not only the legislative purpose of sports law. It is also an important role in the new revised sports law in the future. Tian Siyuan, a professor at the Law School of Tsinghua University, said that the revision of the sports law marks the continuous improvement of my country's sports rule of law system and fully reflects the requirements of accelerating the construction of a sports power.

Pay attention to sports education

Young is strong. The newly revised Sports Law amended Chapter 3 "School Sports" to "Youth and School Sports". Sports is in a strategic position of priority development.

Physical education classes are the main channels for school sports. The newly revised sports law clearly requires that the school must open full physical education classes to ensure that students participate in more than an hour of physical exercise every day during the school. In response to the problem of decline in your youth, the new revised sports law clearly requires that the sports administrative department shall provide guidance and help to the school, organize, and guide young people to teach sports knowledge skills, organize sports training, organize sports event activities, and manage sports venue facilities. Participate in sports activities to prevent and control health issues such as myopia and obesity. In order to solid the foundation of competitive sports reserve talents, the newly revised sports law requires the sports administrative department to cooperate with the education administrative department to promote the construction of school sports teams and high -level sports teams.

At the same time, the newly revised sports law clearly requires that sports subjects are included in the scope of junior high school and high school academic level examinations, and the assessment mechanism that meets the characteristics of the discipline is established; schools prefer outstanding retired athletes who meet relevant conditions to engage in school sports teaching and training activities.

It is worth noting that the newly revised sports law Chapter 11 "Legal Responsibility" also increases the relevant content of students' sports activities, kindergarten sports activities, sports training management, sports schools, etc., and expand the scope of application of the law. Essence Jiang Tao, deputy director of the Sports Law Research Institute of China University of Political Science and Law, said that the chapter has a clearer and clearer regulation before the revision, which has reached the operational level. Based on this, it is based on the school and relevant administrative departments. In the process of supervision, the relevant departments can also be the starting point to measure the implementation of the relevant work. "At the same time, he also said that operating legislation is also conducive to the school. Complied.

However, Jiang Tao also worried about implementing the misunderstandings that may exist in implementation and the tendency to occur. "First of all, the contradiction between popularization and improvement. Do not make the performance projects of adolescents and campus sports in order to implement new requirements for legislation and corresponding policies." Jiang Tao said that the goal of "Dajiu and Daisheng" in this chapter is Pu Pu, Benefits every child to ensure the physical fitness and physical and mental health of the entire youth group. "The primary goal should not be to cultivate the tips of sports. You cannot blindly engage in professional training, high -level sports teams, overvorate sports resources, and even form a" quasi -physical school "model. It's finished. "

With the increase in the weight of sports in the entrance examination, Jiang Tao said that the method of assessment also needs to be more fair and reasonable, and then guide teaching. At the same time, he also frankly concluded how to set up the laws that need to respect sports education to be reasonably constructed. Sports can only make restrictions and show the importance. They all grew up healthy to achieve the legislative purpose of sports law.

Protect the rights according to law

The setting of the "guarantee conditions" chapter is a mode that is commonly used in my country's current industry legislation. It should be understood as a narrow, direct specific matter guarantee. The newly revised sports law follows this model.

Since the 27 years since the original Sports Law, on the one hand, the contradiction between the demand for sports health and the insufficient supply of public sports services caused by my country's economic and social development and the improvement of people's living standards has become increasingly tense; on the other hand, the sports industry has shown vitality. The reform of sports has gradually deepened. Regarding these changes, the provisions of the "guarantee conditions" chapter of the original Sports Law are obviously not enough to provide strong institutional support and guarantee for the development of my country's sports adaptation era. The newly revised "guarantee conditions" chapter of the sports law has been greatly modified.

First, multiple clauses have been added. For example, the government that has been widely adopted in practice has clearly stipulated the government's public service capacity and efficiency by purchasing public sports services, responding to the calls of grass -roots sports departments, providing legal basis, and public cultural services Article 49 of the Protection Law corresponds to the basic legal guarantee for the purchase of public services in the field of cultural and sports in the cultural and sports field; the regulations on supporting stadium facilities in the residential community are added. It stipulates that simultaneously planning, designing, and construction for the supporting stadium facilities for residents' daily fitness, and clearly stipulate that the design and construction of public stadium facilities should meet the requirements of the national barrier -free environmental construction. Effectively Meet the needless needs of the elderly and the disabled persons such as the elderly and the disabled; the new clause clearly stipulates that the local people's governments at or above the county level have the power to establish a national fitness public site facilities and responsibilities, and they will be obliged to manage and maintain the facility of national fitness public sites facilities. Responsibility for institutional implementation; in order to relieve people's worries about sports damage, special sports insurance clauses have been added.

The newly revised sports law clearly requires that the school must open full physical education classes to ensure that students participate in more than an hour of physical exercise every day during the school. (CNSPHOTO picture)

Secondly, the amendment to the "guarantee conditions" chapter of the original sports law is guaranteed to the development of sports development from the aspects of human and property, and more is the amendment and improvement of relevant terms of practicality and reality to effectively play the rigidity and normative role of the law. If the facilities of public stadiums are temporarily occupied for more than ten days due to special needs, they shall be approved by the sports administrative department of the people's governments at the people at the people at the level; if they exceed three months, they shall be reported to the sports administrative department of the higher -level people's government for approval. Those who have been approved to demolish public stadium facilities or change their functions and uses shall be reconstructed in accordance with relevant national laws and administrative regulations.

Thirdly, it is clear that the local sports administrative department's management power of public stadiums is clearly stipulated. For example, the planning and design and completion acceptance of public stadium facilities shall be solicited for the sports administrative department of the people's government at the same level.

Sports law is the basic program for guiding the development of my country's sports. It is a legal guarantee for the people to protect the rights of sports. The newly revised "guarantee conditions" chapter of the sports law is a specific legal specification in the relevant aspects of the development of national sports and the needs of people's sports in a clearer way. With the terms, it provides the operating and targetedness of legal regulations for the development of sports. my country centered on the people -centered sports will inevitably be advanced by the protection of law.

Develop the sports industry

"In recent years, the state attaches great importance to the development of the sports industry and has introduced a series of policy documents, but there is no legislative regulations." Tian Siyuan, a professor at the School of Law School of Tsinghua University, said that there will be no legislative regulations, and many interests will be entangled in practice. Problems such as conflicts of rights, unclear legal boundaries, and unclear legal applications, and the rights of the sports industry investors may not be well protected. The sports industry urgently requires legislation to make relevant regulations.

In the newly revised Sports Law, Article 11 of the General Principles stipulates that "the state supports the development of the sports industry, improves the sports industry system, regulates the order of the sports market, encourages the supply of the sports market, expands the investment and financing channels of the sports industry, and promotes sports consumption. At the same time, the seventh chapter of the "sports industry" requires that "the state formulates the development plan of the sports industry, expands the size of the sports industry, enhances the vitality of the sports industry, promotes the high -quality development of the sports industry, and meets the diverse sports needs of the people." Huang Haiyan, director of Shanghai Sports and Health Industry Cooperation Innovation Center, believes that the new revised sports law first affirmed the status and role of the sports industry from the legal level, and for exerting the diversified function of sports, promoting the high -quality development of sports in the new era, and accelerating the construction of a sports power in sports. It is of great significance.

Huang Haiyan said that in order to promote the high -quality development of the sports industry, the first is to increase the proportion of the added value of the sports industry in the GDP, and accelerate the promotion of the sports industry to become a pillar industry in the national economy; the second is to give full play to the support of financial capital, Cultivate the main body of the sports market and enhance the development of the sports industry; the third is to deepen the potential of sports consumption, create a new scenario and new scenario of sports consumption, and guide and promote sports consumption; Government departments have the top -level design of the sports industry, accelerate the improvement of the sports industry policy system, and encourage more social forces to actively participate in the development of the sports industry.

The sports industry is both a livelihood industry and a happy industry. Occupational sports, as an important form of sports marketization and social development, have both competitive sports characteristics and sports industry attributes. Newly revised Chapter 4 "Competitive Sports" stipulates that "the country promotes and regulates the development of occupational sports marketization and professionalization, and improves the ability of professional sports events and the level of competitive"; Professional sports development system, expanding professional sports development channels, supporting the professional development of athletes and coaches, and improving the maturity and standardization of professional sports. "

Relevant regulations echo the content of promoting professional sports reform in relevant policy documents in the State Council, and point out the direction of my country's professional sports development. "The revision of this sports law conforms to the transformation of the main contradictions in the new era of society. Based on national sports needs and consumption characteristics, professional sports are used as one of the important contents of sports products and services, and the structural reform of sports supply side is continuously deepened." Huang Haiyan said that the newly revised sports law provides a guarantee of the rule of law for the high -quality development of my country's sports industry. It will formulate and introduce relevant implementation documents as soon as possible to accelerate the construction of a standardized system for the rule of law in the sports industry and will become an important task for the future. >>>>> Link: Promote the high -quality development of sports talents

On October 25, 2021, the State General Administration of Sports released the "Fourteenth Five -Year Plan" (hereinafter referred to as the plan). Planning requirements, deepening the reform of the system of sports talent system, innovating sports talent evaluation mechanism, and accelerating the formation of training, use, incentives and competition mechanisms that are conducive to the growth of sports talents.

Experts said that the system and mechanism of the development of sports talents in the country must still be improved, and the policies and measures for educating, usefulness, and talents need to be improved.

In terms of talent management mechanism, the sports talent work leadership group of the State Sports General Administration needs to be established, explore the establishment of a national sports talent work (inter -ministerial) coordination mechanism, adhere to the principle of party management talent, and improve the management of sports talents.

In terms of talent training mechanism, it is necessary to establish a system of modern sports talent training and development systems involved in multiple parties, continue to implement the sports talent knowledge update project and skills improvement action, and carry out sports counterpart assistance and cooperation.

In terms of talent assessment and evaluation mechanism, based on professional attributes and job requirements, the talent evaluation mechanism is classified, the reform of the professional title system of sports professionals and the reform of the evaluation system of skilled talents, and exploring the establishment of professional and technical talents and high -skilled talents evaluation mechanisms.

During the "14th Five -Year Plan" period, the sports system will increase the training and introduction of high -level personnel. The sports system should study the characteristics of the sports industry in depth, coordinate the planning of the professional development trend in the sports field, and take multiple measures to strengthen the need for urgent need and skill talent training.

The plan is clear that the sports system should also strengthen the construction of the talent information system: First, carry out the construction of a sports talent information system, scientifically formulate the standard of talent information collection standards, and facing the whole society. , Touch the number of talents and establish various sports talent databases. Second, establish a dynamic adjustment and information monitoring mechanism for talent databases, and timely obtain information such as new talents, loss of talents, and realize the dynamic statistics of talent information, flow analysis, and urgently need shortage prediction analysis. Regularly release the sports industry urgent need of lack of talent catalog list lists. And sports talent development report. Third, create a high -level sports talent management and service platform, combine high -level talent training, innovative team building, and the implementation of innovative projects and management to effectively increase the work of high -level talent coordination management and services. (This article was published on July 12, 2022, the 1st edition of the China Business Daily Rule of Law Weekly)

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