| （School of Law，Renmin University of China，Beijing 100872，China) Abstract: Generally, the academic community in China considers “sports right” as a basic right, but usually, there is a lack of a norm foundation for demonstration, and such theoretical paths as “reasoning backward from obligations to rights” and “unlisted constitutional rights” normally chosen deserve to be questioned. Sports right should be a ba-sic right that has already been listed in the constitution, while the theory about “the dual nature of basic rights” is quite significant for sports right in terms of constructing and analyzing the constitution. Sports right as a basic right has the dual nature of subjective rights and objective laws, and such 3 functions as defense right, beneficial right and objective value order; when combined with practice, it is conducive to ensuring citizen sports right, and to the state governing the sports field according to the constitution.
Key words: sports law；sports right；basic right；dual nature；right assurance |
