关键词: 参赛资格, 运动员, 法治, 管理, 改革与创新

Abstract: Using documentary method, this paper analyzes from the perspective of rule of law the typical problems and related characteristics in athletes’ entry qualification and the predicament in athletes’ entry qualification reform, and puts forward some suggestions on how to reform athletes’ entry qualification according to the principles of right guarantee, fair play and procedural justice. The typical problems in athletes’ entry qualification include lack of entry qualification for elite athletes, deliberate change for athletes’ competition advantage and deliberate interruption into athletes’ participation. The main characteristics concerning athletes’ entry qualification problems include: most problems occur in the events with traditional advantages, athletes are in a weak and dominated position, therefore it is difficult for them to strive for their due rights and interests. The predicaments of reform include: the establishment of management institutions where the selection authority and the approval authority are the same organization, which leads to no restriction of power; in terms of management philosophy, national or collective interests are above all else, and individual interests are sometimes sacrificed; in terms of management process, there is much room for discretion and the selection process is yet to be standardized; in terms of management methods, the means of supervision and restriction are single, and management needs to be optimized. Suggestions: sport administration departments should gradually hand over the necessary administration power to sports associations and China Olympic Committee, and is only responsible for supervision, audit and political investigation; strictly prohibit interest exchange in game entry qualification, and rule by law rather than by man so as to protect athletes’ legal rights and interests; build a standardized management process and clarify the selection standards, procedures and the rights of selection authority to improve the management efficiency; improve the internal relief mechanism, and allow the judiciary to intervene moderately to improve the level of protection and relief of athletes’ rights.

Key words: game entry qualification, athletes, rule of law, management, reform and innovation