運動被視為一種權利,是近數十年來的大事,除了再度肯定體育運動之價値外,對人類的文明,人性的尊嚴亦再向前邁進一大步。運動權利的理念起源於德國,相繼在歐陸蔓延,很快的便傳至世界各角落,一九七八年『國際體育運動憲章』於焉誕生。我雖已非聯合國之會員,但對於此具有劃時代意義的條文,不得不予正視,因體育運動已是世界各國共同的大事。本文擬先行探討國民運動權利之緣起和法源外,旨在從憲法中人民權利之内涵平等、自由、生存、受益和參政等五權來析論國民之運動權利,和如何來確保國民之運動權。期盼本文對我已三修完竣,尚待催生階段的「國民體育法草案」有啓迪之價値和參考之作用。
During the past decades, sport has been regarded as one of nation rights. This fact not only shows again the value of physical education and sports but also reflects a big progress in human civilization and dignity, the idea of the right of sport emerged from Germam and then has widely spread to the whole Europe and all over the world. In 1978, the ”International charter of physical Education and Sports” was born. Though Taiwan, R.O.C is no longer a member of the United Nations, We people in Taiwan should concern seriously about this statute, because physical education and sports has received worldwide attention. This article explores firstly the origin of nation right of exercise and its with a purpose of looking into the right through recognition of the nature of people's constitutional rights of equality, freedom, survival, benefit, and politics participation. Also this article examines how the right may be secured. It is hoped that this article will stimulate some valuable thoughts to the to-be-established nation of physical education and sport law and facilitate the birth of the law.