天津体育学院学报2016，Vol.31Issue(1)：46-50,5.DOI:10.13297/j.cnki.issn1005-0000.2016.01.009
反兴奋剂法律规制中的权利冲突及其化解原则
Rights Conflicts and Resolving Principles in the Legal Regulation of Anti-doping
兰薇1
作者信息
- 1. 北京体育大学思想政治理论课教学部，北京100084
- 折叠
摘要
Abstract
There were full of complicated rights relationships in the subjects of rights in the struggle of anti-doping and it caused all kinds of rights con⁃flicts. The legal regulations of anti-doping can reallocate and balance the sports rights among all the subjects by following the rules of law and using the meth⁃ods of law. The sports rights conflicts will be solved effectively and the new sports rights relationships will be established with every destroying and rebuild⁃ing. Sports also can get the ability to develop with the improvement of the legal regulations. The rights conflicts in the legal regulation of anti-doping were mainly summarized to the rights conflicts in legislations,legal relationships,liability principles and legal procedures. The nature of rights conflicts is the con⁃flicts of benefits and value. Benefits conflicts are objective and real ,but the value conflicts are internal and subjective. The resolving of conflicts of rights should be based on the balance of value and benefits. In practice,to resolve these conflicts of the law of anti-doping,there were some principles should be considered,for example,the rank of rights,the proportion rules and the fair procedures. Only when the respective benefits among the sports subjects of indi⁃vidual,social and country were considered,the values of sports were fully shared can sports win the trusts of society and get the chance of sustainable devel⁃opment.关键词
反兴奋剂/法律规制/权利冲突/化解原则Key words
anti-doping/legal regulation/rights conflicts/resolving principle分类
社会科学引用本文复制引用
兰薇..反兴奋剂法律规制中的权利冲突及其化解原则[J].天津体育学院学报,2016,31(1):46-50,5.
