| Category | SPORTS | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | In Force |
| Date of Promulgation | 1995-08-29 | Effective Date | 1995-10-01 |
|
Law of the People’s Republic of China on Physical Culture and Sport |
|---|
Contents
Chapter I General Provisions
Chapter II Social Sport
Chapter III School Sport
Chapter IV Competitive Sport
Chapter V Sport Public Organizations
Chapter VI Guarantee Conditions
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
(Adopted at the 15th Meeting of the Standing Committe of the Eighth
National People’s Congress on August 29, 1995, promulgated by the Order
No.55 of the President of the People’s Republic of China on August 29, 1995,
and effective on October 1, 1995)
Contents
Chapter I General Provisions
Chapter II Social Sport
Chapter III School Sport
Chapter IV Competitive Sport
Chapter V Sport Public Organizations
Chapter VI Guarantee Conditions
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated on the basis of the Constitution of the
People’s Republic of China for the purposes of developing physical culture and
sport, building up the people’s physique, improving sports performance level,
and promoting the building of socialist material and spiritual civilization.
Article 2 The state promotes the development of physical culture and
sport and carries out mass sports activities to improve the pbysical fitness
of the whole nation. The work of physical culture and sport adheres to taking
the physical activities of all the people as its basis, combining
popularization of sports with raising of performance level, and promoting a
coordinated development in all fields of sport.
Article 3 The state adheres to the service of physical culture and sport
to economic construction, national defence and social advances. Physical
culture and sport shall be included in the national economy and social
development plan.
The state promotes reform in sport administrative system. The state
encourages enterprises and undertakings, public organizations, and citizens to
run and support sport cause.
Article 4 The sport administrative department under the State Council
takes charge of the work of physical culture and sport of the whole country.
Other relevant departments under the State Council shall be responsible for
the management of physical culture and sport within their respective
responsibilities.
The physical culture and sport administrative departments under the local
people’s governments at and above the county level or the organs that are
authorized by the people’s governments at responsible level take charge of
the work of physical culture and sport within their administrative area.
Article 5 The state provides special guarantee to physical activities of
children and young people to improve their physical and mental health.
Article 6 The state helps minority nationality areas develop physical
culture and sport and cultivates sport talents of minority nationalities.
Article 7 The state promotes the development of physical education and
sport scientific research, disseminates advanced and practical sport
scientific and technological achievements, and relies on science and
technology to make advance of sport.
Article 8 The state awards those organizations and individuals that have
made contributions to the cause of physical culture and sport.
Atrticle 9 The state encourages international contacts in sport, in which
the principles of maintaining independence, equality and mutual benefit, and
mutual respect are adhered to, the state sovereignty and dignity are
defended, and the international treaties concluded or participated by the
People’s Republic of China are observed.
Chapter II Social Sport
Article 10 The state advocates participation of social sports activities
by citizens to improve their physical and mental health.
Social sports activities shall be carried out on a sparetime, voluntary,
small-scale and diversified basis, following the principles of suiting the
measures to local conditions and in scientific and civilized way.
Article 11 The state implements the National Fitness Programme, carries
out the Physical Training Qualification Standards, and conducts supervision
over the people’s health.
The state practises the system of grading social sport instructors, who
give instructions to social sports activities.
Article 12 The local people’s governments at different levels should
create necessary conditions for citizens’ participation in social sports
activities, support and help the organization of mass sports activities.
In urban areas the functions of the residents’ committees and other
community organizations at the grass roots level should be played to organize
sports activities in residents.
In rural areas the functions of the villagers’ committees and grass roots
cultural and sports organizations should be played to carry out sports
activities suited to villagers’ needs.
Article 13 The state organs, enterprises and undertakings should carry
out various kinds of sports activities and organize massive athletic
competitions.
Article 14 Trade unions and other public organizations should organize
sports activities in accordance with their own characteristics.
Article 15 The state encourages and supports the exploration,
systematization and improvement of traditional national and folk sports.
Article 16 Participation of physical activities by old and handicapped
people should be concerned and supported by the whole society. People’s
governments at different levels should take measures to make it convenient
for old and handicapped people to participate in physical activities.
Chapter III School Sport
Article 17 The educational administrative departments and schools should
take physical education and sport as a component part of the education in
schools to cultivate talents who are all-roundly developed in moral,
intellectual and physical education.
Article 18 Physical education must be included in school curriculum and
be taken as an examination subject for assessing students’ work.
Schools should create conditions to organize sports activities suited to
the special needs of diseased and disabled students.
Article 19 Schools must implement the National Physical Training
Qualification Standards and ensure the time used for sports activities during
students’ stay in schools every day.
Article 20 Schools should organize various kinds of after-class sports
activities, carry out after-class athletic training and competitions, and
hold annual school-wide sports games in the light of conditions.
Article 21 Schools should assign qualified physical education teachers
according to the regulations set by the state and guarantee that physical
education teachers enjoy the treatments that are in line with their working
traits.
Article 22 Schools should abide by the criteria set by the education
administrative department under the State Council to provide sports fields,
facilities and equipments.
Sports fields in schools must be used for sports activities and must not
be diverted to any other purpose.
Article 23 Rules for medical examination of students’ health should be
established in schools. The administrative departments of education, sport
and public health should strengthen the supervision over students’ physique.
Chapter IV Competitive Sport
Article 24 The state promotes the development of competitive sports,
encourages athletes to raise their athletic performance and technology level,
create excellent achievements in sports competitions, and win honours for the
country.
Article 25 The state encourages and supports sparetime athletic training
to foster reserved sports talents.
Article 26 Athlets and teams that participate in important national and
international sports competitions should be selected and formed based on the
principles of fairness and best-to-choose. Detailed regulations shall be laid
down by the sport administrative department under the State Council.
Article 27 Cultivation of athletes must be carried out with strict,
scientific and civilized training and management. Athletes should be educated
in patriotism, collectivism and socialism as well as in morality and
discipline.
Article 28 The state provides the outstanding athletes with preferential
treatment in their employment for jobs and enrollment for higher grade
education.
Article 29 The national sports associations for individual sport take the
charge of the registration of athletes of each relevant sport. Athletes that
have been registered are permitted, in accordance with the regulations set by
the sport administrative departmeat under the State Council, to participate
in relevant sports competitions and move between different sports teams.
Article 30 The state practises the systems of grading athletes, grading
referees and grading professional post_titles for coaches.
Article 31 The state manages sports competitions in grade and
classification.
Comprehensive national games are managed by the sport administrative
department under the State Council or by the sport administrative department
under the State Council together with other relative organizations.
National competitions of individual sport are managed by the national
sports associations of the said sport.
Administrative rules for local comprehensive sports games and individual
sports competitions are drawn up by the local people’s government.
Article 32 The state practises the approval system for national sports
records. National sports records are approved by the sport administrative
department under the State Council.
Article 33 Disputes occured in competitive sports activities are mediated
and arbitrated by sports arbitration organs.
The measures for establishing sports arbitration organs and the limits of
arbitration shall be drawn up by the State Council seperately.
Article 34 The principle of fair-play is followed in sports competitions.
Organizers of competitions, athletes, coaches and referees should abide by
sportsmanship, and must not resort to deceit or engage in malpractice for
selfish purpose.
Use of banned drugs and methods are strictly prohibited in sports
competitions. Banned drugs control institutions should take strict
examinations on banned drugs and methods.
Gambling activities by any organizations or individuals taking advantage
of sports competitions are strictly forbidden.
Article 35 The symbles such as post_titles, emblems, flags and mascots of
major sports competitions held within China are protected by the relevant
regulations of the state.
Chapter V Sport Public Organizations
Article 36 The state encourages and supports sport public organizations
to organize and conduct sports activities in accordance with their
constitutions to promote the development of physical culture and sport.
Article 37 The sports federations at different levels are mass sport
organizations that connect and unite athletes and sports personnel. They
should play their roles in the development of physical culture and sport.
Article 38 The Chinese Olympic Committee is a sport organization that
takes the development and promotion of the Olympic movement as its chief
task. It represents China to participate in international Olympic affairs.
Article 39 The sport scientific public organizations are academic mass
organizations of sport scientific and technological personnel. They should
play their roles in promoting sport science and technology.
Article 40 The national sports associations for individual sport take
the charge of the popularization and enhancement of the said sport. They
represent China in the relevant international sports federations.
Chapter VI Guarantee Conditions
Article 41 The people’s governments at and above the county level should
include funds for sport administration and sport capital construction in the
financial budget and capital construction investment plan of the said
government, and progressively increase the investment in physical culture and
sport along with the development of national economy.
Article 42 The state encourages enterprises and undertakings and public
organizations to expand physical culture and sport by self-raised funds, and
encourages organizations and individuals to contribute to and sponsor
physical culture and sport.
Article 43 The state departments concerned should enhance the management
of sports funds. No organization or individual is allowed to divert sports
funds for other purpose or pocket sports funds.
Article 44 The sport administrative departments under the local people’s
governments at and above the county level should, in accordance with the
relative regulations set by the state, strengthen the management and
supervision over business activities that are engaged in body health,
competition and other sports activities.
Article 45 The people’s governments at and above the county level should,
in accordance with the regulations set by the state on the land quotas for
public sports facility in cities, include the urban capital construction for
public sports facilities into the city construction plan and overall land use
plan, make rational layout of the facilities and unify the planning.
In planning the layout of enterprises, schools, streets and residential
districts, sports facilities should be included in the construction programme
by the city.
In townships, minority nationality townships and towns, sports facilities
should be built and perfected progressively along with the economic
development there.
Article 46 Public sports facilities should be opened to the society for
the convenience of the masses to engage in sports activities. Students, old
and disabled people should be treated preferentially to raise the utilization
ratio of sports facilities.
No organization or individual is allowed to seize or destroy public sports
facilities. Temporary occupation of sports facilities because of special
needs must be approved by the sport administrative department and the
construction planning department and must be returned without delay. Should
any sports field be used for other purpose due to urban layout programme, new
sports field should, in accordance with the relevant regulations of the
state, be constructed beforehand for replacement.
Article 47 The sports equipment and apparatus used for national and
international competitions must be examined and approved by organs appointed
by the sport administrative department under the State Council.
Article 48 The state promotes the development of physical education,
establishes various types of universities, institutes, departments and
subjects of physical education to cultivate professional personnel working
for athletic training, coaching, physical education teaching, scientific
research, sports management and mass sport.
The state encourages enterprises and undertakings, public organizations
and citizens to operate professional education for sport in accordance with
the law.
Chapter VII Legal Liabilities
Article 49 Anyone who violates the discipline or sports rules such as
practising fraud and others in competitive sports shall be given punishment
by sport public organization in accordance with the provisions of the
constitution; if the person directly responsible is a state staff member, he
or she shall be subject to disciplinary punishment in accordance with the
law.
Article 50 Anyone who resorts to banned drugs or methods in sports shall
be punished by sport public organization in accordance with the provisions of
the constitution; if the person directly responsible is a state staff member,
he or she shall be subject to disciplinary punishment in accordance with the
law.
Article 51 In the event that anyone commits gambling activities by taking
advantage of competitive sports, the sport administrative department shall
assist the public security organ to order the offender to stop the illegal
practice and the public security organ shall impose punishment on the
offender in accordance with the provisions of the regulations on
administrative penalties for public security.
Anyone who commits corruption, swindle, getting up gambling shall, if the
case constitutes a crime, be investigated for criminal responsibilities in
accordance with the law.
Article 52 Anyone who seizes or destroies public sports facilities shall
be ordered by the sport administrative department to make corrections within
a definite time and shall bear civil liabilities according to the law.
Should the aforesaid act violates public security administration, the
offender shall be punished by the public security organ in accordance with
the provisions of the regulations on administrative penalties for public
security; or should the act constitutes a crime, the offender shall be
investigated for criminal responsibilities according to the law.
Article 53 Anyone who commits seeking a guarrel of making trouble, or
disturbing public order shall be criticized, educated and stopped; and shall,
if the case violates public security administration, be punished by the
public security organ in accordance with the provisions of the regulations on
administrative penalties for public security; or shall, if the case
constitutes a crime, be investigated for criminal responsibilities according
to the law.
Article 54 Anyone who violates the state financial or accounting rules,
diverts or pockets sports funds shall be ordered by the higher authority to
return the diverted or pocketed funds within a definite time; the persons
directly in charge and other persons directly responsible shall be subject to
disciplinary punishment in accordance with the law; should the case
constitute a crime, they shall be investigated for criminal responsibilities
in accordance with the law.
Chapter VIII Supplementary Provisions
Article 55 The detailed measures for management of sports activities in
the army shall be drawn up by the Central Military Commission on the basis of
this law.
Article 56 This law shall go into effect as of October 1, 1995.