Laws of the People's Republic of China

CHAPTER I GENERAL PROVISIONS

CHAPTER II SOCIAL SPORTS

CHAPTER III SCHOOL SPORTS

CHAPTER IV COMPETITIVE SPORTS

CHAPTER V PUBLIC SPORTS ORGANIZATIONS

CHAPTER VI CONDITIONS OF GUARANTEE

CHAPTER VII LEGAL LIABILITY

CHAPTER VIII SUPPLEMENTARY PROVISIONS

   Article 1 This Law is formulated in accordance with the Constitution for the purpose of developing undertakings of physical culture and sports, building up the people's physique, raising sports performance level and promoting the socialist material, ideological and cultural development.

   Article 2 The State promotes development of undertakings of physical culture and sports and carries out mass sports activities to improve physical fitness of the whole nation. The work of physical culture and sports shall adhere to the principle of combining popularization with the raising of standards based on the unfolding of the national fitness campaign so as to promote coordinated development of various sports.

   Article 3 The State adheres to the principle that physical culture and sports should serve economic construction, national defense and social development. Undertakings of physical culture and sports shall be incorporated into the plan for national economy and social development.

The State promotes reform in the sports administration system. The State encourages enterprises, institutions, public organizations and citizens to run and support undertakings of physical culture and sports.

   Article 4 The administrative department for physical culture and sports under the State Council shall be in charge of the work of physical culture and sports throughout the country. Other relevant departments under the State Council shall administer the work of physical culture and sports within their respective functions and powers.

The administrative departments for physical culture and sports of the local people's governments at or above the county level or the organs authorized by the people's governments at the corresponding levels shall be in charge of the work of physical culture and sports within their administrative areas.

   Article 5 The State provides special guarantee to physical activities of children, juveniles and young people to improve their physical and mental health.

   Article 6 The State helps ethnic minority areas develop undertakings of physical culture and sports and cultivates sport talents of ethnic minorities.

   Article 7 The State promotes education and scientific research in physical culture and sports, popularizes advanced and practical achievements in sports science and technology, and develops undertakings of physical culture and sports by relying on science and technology.

   Article 8 The State awards the organizations and individuals that have made contributions to the cause of physical culture and sports.

   Article 9 The State encourages international exchanges in sports. In conducting international exchanges in sports, the principles of independence, equality, mutual benefit and mutual respect shall be adhered to, the State sovereignty and dignity defended and the international treaties the People's Republic of China has concluded or acceded to shall be observed.

   Article 10 The State advocates citizens' participation in social sports activities so as to improve their physical and mental health.

Social sports activities shall be carried out in sparetime and on a voluntary, small-scale and diversified basis, following the principle of suiting such activities to the local conditions and conducting them in a scientific and civilized way.

   Article 11 The State implements the National Fitness Program, carries out the Physical Training Qualification Standards and conducts monitoring of the people's physique.

The State practices a skill-grading system for social sports instructors, who shall guide social sports activities.

   Article 12 The local people's governments at various levels shall create necessary conditions for citizens' participation in social sports activities, support and help the development of mass sports activities.

In urban areas the role of the residents' committees and other community organizations at the grass-roots level shall be brought into play in organizing residents to carry out sports activities.

In rural areas the role of the villagers' committees and cultural and sports organizations at the grass-roots level shall be brought into play in carrying out sports activities suitable to rural conditions.

   Article 13 State organs, enterprises and institutions shall carry out various kinds of sports activities and organize athletic competitions of mass character.

   Article 14 Trade unions and other public organizations shall organize sports activities in light of their own characteristics.

   Article 15 The State encourages and supports the exploration, consolidation and improvement of national and folk traditional sports.

   Article 16 The whole society should be concerned about and support the aged and disabled people to participate in physical activities. People's governments at various levels shall take measures to provide conditions for the aged and disabled people to participate in physical activities.

   Article 17 Departments of education administration and schools shall take physical culture and sports as a component part of school education and cultivate talents with all-round development in moral, intellectual and physical qualities.

   Article 18 Schools must offer Physical Education and make it a subject for assessing students' academic performance.

Schools shall create conditions for organizing sports activities suitable to the special features of students who are in poor health or disabled.

   Article 19 Schools must implement the National Physical Training Qualification Standards and ensure that the students have time for sports activities every day at school.

   Article 20 Schools shall organize various kinds of after-class sports activities, carry out after-class athletic training and competitions, and in light of specific conditions hold a school-wide sports meet every school year.

   Article 21 Schools shall, according to relevant regulations of the State, have qualified physical education teachers and ensure that they enjoy the privileges commensurate with the nature of their work.

   Article 22 Schools shall, according to the criteria set by the department of education administration under the State Council, have sports fields, sports installations and facilities and sports apparatus.

Sports fields in schools must be used for sports activities and may not be used for any other purposes.

   Article 23 Schools shall institute a system of medical examination for students. The administrative departments for education, physical culture and sports and public health shall strengthen the monitoring of students' physique.

   Article 24 The State promotes the development of competitive sports, encourages athletes to raise their athletic performance level and achieve excellent results in sports competitions so as to win honors for the country.

   Article 25 The State encourages and supports sparetime athletic training to foster reserve sports talents.

   Article 26 Athletes and teams that participate in major national and international sports competitions shall be selected and formed on the principle of fairness and according to qualifications. Specific measures shall be formulated by the administrative department for physical culture and sports under the State Council.

   Article 27 In nurturing athletes, training and management must be carried out in a strict, scientific and civilized way. Athletes shall be educated in patriotism, collectivism and socialism as well as in morality and discipline.

   Article 28 The State grants preferential treatment to outstanding athletes in their employment and enrollment for schools.

   Article 29 The national sports association of an individual sport shall manage the registration of athletes of such sport. A registered athlete may, in accordance with the regulations of the administrative department for physical culture and sports under the State Council, participate in relevant sports competitions and flow from one team to another.

   Article 30 The State practices a skill-grading system for athletes and referees, and a grading system of professional and technical titles for coaches.

   Article 31 The State practices classified administration of sports competitions at different levels.

Comprehensive national games shall be administered by the administrative department for physical culture and sports under the State Council or by the administrative department for physical culture and sports under the State Council in conjunction with other relevant organizations.

National competition of an individual sport shall be administered by the national association of the said sport.

Measures for the administration of local comprehensive sports games and local individual sport competitions shall be formulated by the local people's governments.

   Article 32 The State practices an examination and approval system for national sports records. National sports records shall be confirmed by the administrative department for physical culture and sports under the State Council.

   Article 33 Disputes arising in competitive sports activities shall be mediated and arbitrated by sports arbitration institutions.

Measures for the establishment of sports arbitration institutions and the scope of arbitration shall be prescribed separately by the State Council.

   Article 34 The principle of fair competition shall be followed in sports competitions. Organizers of competitions, athletes, coaches and referees shall abide by sportsmanship, and may not practice fraud or engage in malpractice for selfish ends.

Use of banned drugs and methods is strictly prohibited in sports activities. Institutions in charge of testing banned drugs shall conduct strict examination of the banned drugs and methods.

It is strictly forbidden for any organization or individual to engage in gambling activities through sports competitions.

   Article 35 Symbols such as titles, emblems, flags and mascots of major sports competitions to be held within the territory of the People's Republic of China shall be protected in accordance with the relevant regulations of the State.

CHAPTER V PUBLIC SPORTS ORGANIZATIONS

   Article 36 The State encourages and supports public sports organizations to organize and conduct sports activities in accordance with their articles of association to promote the development of undertakings of physical culture.

   Article 37 Sports federations at various levels are mass sports organizations that link and rally athletes and sports personnel and shall fully play their roles in the development of undertakings of physical culture and sports.

   Article 38 The Chinese Olympic Committee, as a sports organization whose chief task is to develop and promote the Olympic movement, shall represent China to participate in international Olympic affairs.

   Article 39 Public organizations of sports science are academic mass organizations of personnel engaged in sports science and technology, which shall fully play their roles in promoting the development of sports science and technology.

   Article 40 The national sports association of an individual sport shall be in charge of the popularization and enhancement of such sport, and shall represent China in the corresponding international sports organization.

CHAPTER VI CONDITIONS OF GUARANTEE

   Article 41 The people's governments at or above the county level shall include sports expenditure and funds for sports capital construction in financial budgets and plans for capital construction investment at the corresponding levels and along with the development of national economy gradually increase their input to undertakings of physical culture and sports.

   Article 42 The State encourages enterprises, institutions and public organizations to raise funds on their own for the development of undertakings of physical culture and sports and encourages organizations and individuals to donate to and sponsor undertakings of physical culture and sports.

   Article 43 Relevant departments of the State shall strengthen the management of sports funds. No organization or individual may misappropriate or intercept sports funds.

   Article 44 The administrative departments for physical culture and sports of the local people's governments at or above the county level shall, in accordance with the relevant regulations of the State, strengthen the management of and supervision over business operations in sports activities such as body-building and competitive sports.

   Article 45 The local people's governments at or above the county level shall, in accordance with the regulations of the State governing land allotment for public sports installations and facilities in urban areas, incorporate the construction of public sports installations and facilities into urban construction plans and general plans for land utilization so as to achieve rational distribution and overall arrangement.

In planning the layout of enterprises, schools, streets and residential quarters, sports installations and facilities shall be incorporated into the construction plan.

Townships, nationality townships and towns shall build and improve sports installations and facilities along with the economic development.

   Article 46 Public sports installations and facilities shall be open to the public and be easily accessible to them for sports activities. Students, the aged and disabled people shall be given preferential treatment in this regard, and sports installations and facilities shall be fully utilized.

No organization or individual may seize or damage public sports installations and facilities. Where temporary occupation of sports installations and facilities is necessitated by special circumstances, it shall be subject to the approval of the administrative department for physical culture and sports and the department of construction planning and such installations and facilities shall be returned without delay. If any sports field is to be used for other purposes according to urban planning, new sports field shall, in accordance with the relevant regulations of the State, be constructed beforehand for replacement.

   Article 47 Sports equipment and apparatus to be used for national and international sports competitions must be subjected to examination and approval of institutions designated by the administrative department for physical culture and sports under the State Council.

   Article 48 The State promotes physical culture and sports education, establishes various types of colleges, schools, departments and specialties of physical culture and sports to nurture professional personnel in such fields as sports, training and coaching, Physical Education teaching, scientific research, management and mass sports.

The State encourages enterprises, institutions, public organizations and citizens to operate professional institutions for physical culture and sports education in accordance with law.

   Article 49 Whoever commits fraud or other acts violating the discipline or sports rules in competitive sports shall be punished by the relevant public sports organization in accordance with the provisions of its articles of association; State functionaries who are held directly responsible shall be subject to administrative sanctions in accordance with law.

   Article 50 Whoever resorts to banned drugs or methods in sports activities shall be punished by the relevant public sports organization in accordance with the provisions of its articles of association; State functionaries who are held directly responsible shall be subject to administrative sanctions in accordance with law.

   Article 51 Whoever engages in gambling activities through competitive sports shall be ordered to stop the illegal practice by the public security organ in conjunction with the administrative department for physical culture and sports and shall be punished by the public security organ in accordance with the provisions of the Regulations on Administrative Penalties for Public Security.

Whoever commits bribery, fraud, or the organizing of gambling shall, if the case constitutes a crime, be investigated for criminal responsibility in accordance with law.

   Article 52 Whoever seizes or damages public sports installations or facilities shall be ordered by the administrative department for physical culture and sports to make corrections within a time limit and shall bear civil liability according to law.

Whoever commits any of the acts specified in the preceding paragraph and violates the administration of public security shall be punished by the public security organ in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

   Article 53 Whoever creates disturbances or disturbs public order in sports activities shall be criticized and educated and such act shall be stopped; if the case violates the administration of public security, the offender shall be punished by the public security organ in accordance with the provisions of the Regulations on Administrative Penalties for Public Security; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

   Article 54 Whoever, in violation of the State financial or accounting rules, misappropriates or intercepts sports funds shall be ordered by the authorities at higher levels to return the misappropriated or intercepted funds within a time limit; the responsible persons directly in charge and other persons directly responsible for the offense shall be subject to administrative sanctions in accordance with law; if the case constitutes a crime, the offender shall be investigated for criminal responsibility in accordance with law.

CHAPTER VIII SUPPLEMENTARY PROVISIONS

   Article 55 Specific measures for the administration of sports activities in the Army shall be formulated by the Central Military Commission in accordance with this Law.

   Article 56 This Law shall be effective from October 1,1995.