(1.School of Physical Education，South China Normal University，Guangzhou 510006，China； 2.School of Physical Education，Anqing Normal University，Anqing 246133，China) Abstract: From the perspective of juridical logic, the natural right of commercial exploitation of sports stars should include the right of independent development, the right of brand management, the right of profit from activities and the right of relief; and the right of commercial development of sports stars refers to the being sports public administration. The conflicts between rights and powers are manifested in four aspects: the right of independent development and the right of administrative license, the right of brand management and the right of competition management, the right of profit from activities and the right of interest distribution, the right of disciplinary punishment and the right of right relief; the essence of the conflict is the conflict between the value of freedom and the value of order, and the conflict embodied in personal interests with state interests, social public interests; the causes of the conflict are reflected in three aspects: sports industry, sports law and athletes' right consciousness. Referring to the principle of proportionality in a country ruled by law, this paper puts forward four possible paths to balance as follows: at the legislative level, taking the amendment of sports law as an opportunity to design the relative balance between rights and powers in sports legislation; in the aspect of law enforcement, taking the principle of proportionality as a guide to realize the specific balance between rights and powers in law enforcement; at the judicial level, providing multiple relief mechanisms for the conflict between rights and powers; at the law-abiding level, both sides need to establish legal awareness and enhance the concept of rule of law. Keywords: sports law；sports star；commercial exploitation；right and power |
