Olympic spirit and law are both the essence of human thought and the crystallization of wisdom thousands of years ago. They seem to be two different cultures, and the Enlightenment contains the pursuit of fairness and justice. The author draws a conclusion from the comparison of their definitions, justice and rights.

Keywords: Olympic spirit, right to legal justice

main body

The slogan of the Olympic Games is "Higher, Faster and Stronger", which pursues individuality in the sense of human entity, while law is the guarantee of human rights. Therefore, the law has the characteristics of * * * in the sense of human form. The two seem to be opposite, but in fact they complement each other and are similar.

The Olympic Charter points out that the Olympic spirit is the spirit of mutual understanding, friendship, unity and fair competition. The Olympic spirit plays a very important guiding role in the Olympic movement.

First of all, the Olympic spirit emphasizes tolerance and understanding of cultural differences. The Olympic movement is an international movement, which inevitably faces various cultural differences in the world and various problems caused by it. Athletes, coaches, sports officials and spectators from different countries have different skin colors, wear different clothes, speak different languages, have different lifestyles, perform different religious ceremonies and express their joys and sorrows in different ways. These ethnic and cultural differences are often strengthened by conflicts between countries in political system, economic system and ideology.

In a sense, the quadrennial Olympic Games concentrates all the sports cultures in the world in a narrow space and time range, so the differences between different cultures are particularly striking. The Olympic spirit emphasizes mutual understanding, friendship and unity in order to form a spiritual atmosphere. In this atmosphere, people can get rid of the prejudice brought by their own culture. In the display of different cultures, what they see is not contradictions and conflicts, but the cultural landscape of human society, which makes cultural differences become the driving force for people to communicate, rather than their own closed barriers; Let contradictions become the driving force of mutual learning, not the inducement of mutual contempt. Only in this atmosphere can people break the narrow vision, learn and understand things outside their own nation with the broad mind of world citizens, realize that all ethnic groups have magical imagination and great creativity, learn to respect other ethnic groups, treat others and themselves with a more objective and fair attitude, absorb the excellent elements of other cultures with an open mind, and constantly enrich themselves, so as to truly realize the international exchange advocated by the Olympic Movement.

Secondly, the Olympic spirit emphasizes the fairness and justice of competitive sports. The Olympic movement takes competitive sports as its main activity content, and the most essential characteristics of competitive sports are competition and confrontation. In the direct and fierce physical confrontation and competition, athletes' bodies, psychology and morality have been well exercised and cultivated, and the audience has also received sensory entertainment and subtle education. However, the basic premise of the educational function and cultural entertainment function of competitive sports is fair competition. Only on the basis of fair competition can competition be meaningful, athletes from all countries can maintain and strengthen the United and friendly relationship, and the Olympic Movement can achieve its sacred goals.

From the above two points, we can see that although the Olympic Games is a sports competition, we should first participate in it and participate in it fairly. Show individuality in equal competition. The law first guarantees the equal status and rights of citizens. The author will analyze this problem from three dimensions.

First, the relationship between the Olympic spirit and legal concepts

Starting from more than 2,000 years ago, the Olympic Games, as a healthy and progressive sports competition, rose on the sacred Mount Olympus and became a valuable spiritual and cultural wealth that the ancient Greeks dedicated to mankind. Today, the connotation of the Olympic movement has gone far beyond the scope of sports competition. It has become a cultural event and the civilized heritage of all mankind. Its rich connotation and its importance to human life are increasing day by day. Regarding the connotation of the Olympic spirit, I would like to emphasize the following aspects:

Olympics is a competitive spirit. The Olympic spirit is a self-challenging spirit of "faster, stronger and higher", and it is also a fair, just, equal and free sports spirit. This spirit of self-challenge and fair competition embodied in the Olympics constitutes the cornerstone of contemporary human self-improvement and social communication.

Different countries, different historical periods and different political needs will make different definitions of legal concepts. These definitions are only different in angle-"When viewed from the side of a ridge, it becomes a mountain peak", and there is no absolute right or wrong. However, different definitions have different adaptations and influences on different societies. Our traditional concept of law is based on Marx's class theory, that is, law is a tool for one class to rule another. This concept (hereinafter referred to as the class concept of law) is undoubtedly reasonable from the perspective of class, but the class concept of law also has its limitations and obvious defects.

Therefore, I agree to define the law as "people's agreement", that is, the contract and commitment reached by people (countries) on the problems encountered in the process of coexistence and development for peaceful coexistence and development (hereinafter referred to as the legal concept of people's agreement). Law is essentially a mechanism of interest distribution, which stipulates how to allocate and use social resources and interests. What are the advantages of the legal concept of oath in building a society ruled by law?

First of all, the legal concept of oath is conducive to encouraging citizens to actively participate in legislative activities. Because law is the allocation mechanism of social resources, it is the agreement on how to allocate social resources, which involves everyone's own interests and needs everyone's own participation. As a promise, citizens are first required to negotiate and reach an agreement on the problems that need to be solved. Consultation requires participation, and legislative activities are regarded as their own business. The establishment of legislation is closely related to national interests.

Secondly, the legal concept of oath is conducive to establishing the concept of legal equality. In the process of establishing (signing) pledge, it is beneficial to embody and implement the concept and consciousness of equality, because the basis of contract is equality, not privilege, and privilege is non-negotiable. Similarly, through extensive participation and consultation, legislation is no longer the privilege of a few people, avoiding the law becoming a tool for a few people to plunder and occupy social resources, and realizing the maximization of legal justice.

Thirdly, the concept of pledge law is conducive to the promotion and implementation of the law. The law made by participating in negotiations (entrusting others to participate in negotiations on their behalf) is an oath. Abiding by oath is not only a legal obligation, but also a moral requirement, so as to realize the organic combination of law and morality.

To sum up, law is the distribution mechanism of social resources, which enables people to take an oath on the distribution of social resources. On the premise of equality, it requires every citizen to actively participate (enter into a contract) and keep his oath. What most people should avoid and resist is the tool for a few people to rule and plunder resources. Defining the law correctly and actively will help the law to play its due role and promote the harmonious development of society.

Comparing the Olympic spirit with the law, we can see that both of them are the pursuit of fairness and justice, and they have different forms in pursuit. Both of them are the crystallization of human wisdom and the accumulation of human culture.

Second, the Olympic spirit and the legal understanding of justice

There is an understanding of justice in the Olympic spirit, which is to ensure the fair participation of all people. The Olympic Charter points out that the Olympic spirit is the spirit of mutual understanding, friendship, unity and fair competition. Usually it includes the principles of participation, competition, justice, friendship and struggle. "The principle of participation is the first principle of the Olympic spirit, and participation is the foundation. Without participation, there would be no Olympic ideals, principles and purposes. " The motto "Participation is more important than victory" was first put forward by an American bishop. 1908 Coubertin quoted this sentence when the 4th Olympic Games was held in London. Later, Coubertin also said in his speech at the 1936 Olympic Games: "The important thing in the Olympic Games is not victory, but participation; The essence of life is not to take, but to struggle. " This principle has been widely accepted by athletes and the masses all over the world. The Olympic spirit is an international system. It is completely independent. Therefore, from the beginning, he did not allow any political, economic or social factors to get involved.

He also created an independent IOC member for this purpose, stipulating that the main responsibility of the IOC is to ensure the realization of Olympic ideals and principles with its loyalty and dedication. In this way, the independence of the Olympic spirit has been guaranteed all over the world. The Olympic spirit is a universal concept. All the principles that can make people better are contained in its bright aura. The main activity form of the Olympic spirit is the Olympic movement, which is eternal. It is open to all social strata, including all sports and competitive events, regardless of gender, age and level of sports. The Olympic spirit contains justice, equality and justice. It recognizes all advantages that conform to the principle of justice, and spurns and denies all behaviors that do not conform to moral norms. The principle of justice makes the Olympic spirit have great charm.

The right to participate is the guarantee of fairness and justice in the Olympic spirit. This is similar to justice in law.

Solve the concept of justice from the law

It's hard to take it off. In the eyes of ordinary people, the concepts of justice and law are constantly confused. Pure law opposes equating law and justice and advocates treating them as two different issues. Personally, I prefer to combine the two concepts and disagree with the too clear distinction between the two concepts. When the law gives up justice, it loses its role in regulating social relations; Similarly, when justice is divorced from the law, it loses its carrier and can only become a "value judgment" with no practical use. I highly admire kelsen's view that justice, as a subjective value judgment, may be rejected by law, but if justice is understood as "legitimacy", then the concept of justice should be included in law.

When people evaluate whether a law meets the standards of justice (legitimacy), they often base on whether the law can adjust social relations to satisfy all members of society. But in fact, it is impossible for a law to meet the needs of every member of society. It can be said that everyone's needs are inconsistent, and the conflict between needs is inevitable. Social relations and social order regulated by just laws can only be recognized and satisfied by most members of society.

What should also be mentioned is the view of absolute justice put forward by the natural law school, which advocates the dualism of law and thinks that law should be divided into positive law and natural law. On the imperfect positive law, there is a perfect and absolutely just natural law. But rational people should know that this absolute justice can't exist, just as the world is knowable and people have unlimited cognitive ability, and the world can never be fully understood. To borrow kelsen's words, "justice is an ideal that human understanding cannot approach."

The law needs to be tested in all aspects. When people seek legal help and punish criminals by law, whether fairness is maintained and justice is done is the criterion of legal justice (legitimacy) and the soil on which law depends. Only when the law is based on justice can the concept of justice be sublimated on the basis of law.

Third, the Olympic spirit and law are also the guarantee of rights.

The Olympic movement takes competitive sports as its main activity content, and the most essential characteristics of competitive sports are competition and confrontation. In the direct and fierce physical confrontation and competition, athletes' bodies, psychology and morality have been well exercised and cultivated, and the audience has also received sensory entertainment and subtle education. However, the basic premise of the educational function and cultural entertainment function of competitive sports is fair competition. Only on the basis of fair competition can competition be meaningful, athletes from all countries can maintain and strengthen the United and friendly relationship, and the Olympic Movement can achieve its sacred goals. Like the late American famous black track and field athlete Jesse? Owens said, "In sports, people learn not only competition, but also respect for others, life ethics, how to spend their lives and how to treat their peers." The Olympic spirit is to maintain the participation of the whole people, thus ensuring fair competition in the Olympic movement. Maintaining the participation of citizen entities is actually a symbolic protection of civil rights. Of course, there are too many obligations, rules and illegal punishment measures in the Olympic movement, but it is this series of obligations and rules that safeguard the equality of entity status and the rights of entity.

Between rights and obligations, law does not aim at obligations, on the contrary, it should and must aim at rights.

First of all, in the sense of law, law is aimed at rights. Early humans had no rights and obligations and no laws. With the development of human society, the concepts of rights and obligations gradually appear, especially in the historical period of gradually entering the class society, the difference between rights and obligations is becoming more and more obvious. People who are in a dominant position in society can actually enjoy rights, even more rights. In society, due to the distribution of rights, conflicts will inevitably occur between the ruled and social leaders. Even within social leaders or ruled, there are differences and contradictions in the distribution of rights, and the battle for rights in society is getting worse. In order to ensure the continuation of society according to a certain order, social leaders use the rules backed by violence to confirm a certain way of rights distribution and divide social rights, so the law came into being.

Secondly, compared with rights and obligations, the purpose of law is rights. First, the nature of rights can better meet people's needs than obligations. All kinds of rights can directly become the reality of meeting the corresponding needs of the subject of rights, and all kinds of specific obligations can only meet people's needs through the protection and realization of specific rights. Therefore, rights can directly become the object of people's needs, but obligations cannot. Second, rights can mobilize people's enthusiasm and initiative more than obligations. Rights and obligations are reciprocal and corresponding. Formally speaking, the realization of rights or obligations guaranteed by law can achieve the same goal through different channels, but it is actually a big mistake. For various reasons, the law to protect rights can be more consciously observed and enforced by people than the law to protect obligations. Third, compared with obligations, the expansion of rights is a symbol of social progress and civilization.

In short, it seems that the law should mainly stipulate rights. But in practice, it is difficult for the law to specify all rights and every right. Because rights and obligations are corresponding and consistent in social life, the law can achieve the purpose of stipulating rights by stipulating obligations. Therefore, it is necessary and feasible to stipulate rights by stipulating obligations, which is more conducive to the protection and development of human rights than directly stipulating rights. The law's emphasis on stipulating obligations does not mean reducing or weakening rights. On the contrary, it aims to expand and protect rights in general. Because, for members of society, what the law does not prohibit is a right, as long as it does not violate the law, it is feasible. In this way, rights have not been reduced or weakened, but have been strengthened. The provisions of the law on obligations have actually become the confirmation and guarantee of rights.

The main purpose of law is to better pursue rights, and to properly stipulate rights is to better realize rights. No matter whether the law stipulates obligations or rights, its value goal can only be for the confirmation and realization of rights, not obligations.

To sum up the above three points, the Olympic spirit and law are similar, and the cultural heritage of mankind is also the accumulation of human spirit. They are all about safeguarding human fairness, justice and equal rights. Although both the Olympic spirit and the law were left to us by our ancestors two thousand years ago, with the rapid development of human science and technology, the human mind still has the pursuit and yearning for fairness and justice. From the author's comparison between the two, we can clearly explore the conclusion.

reference paper

Law aims at rights. Zhuo was published in Procuratorial Daily on March 2, 2000.

Liu Jinhui's Outline of the Ontology Value of Law was published in the 4th issue of Chinese and Foreign Law in 2006.

On June 4, 2000, Zhuo published the article "The Value Destination of Law" in Inspection Daily.

reference book

Xie Weidong, editor-in-chief of Olympic Spirit, China Chamber of Commerce and Industry Press, 2007.

Contract Justice, edited by Hu, Law Press, June 5, 2007-10/October 38.

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