Reflections on the Rights Setting Path and Systematic Protection of Legal Interests of Audio-visual Information of Sports EventsThe Legal Dogmatic Interpretation on Article 52, Paragraph 2 of the Sports Law of PRC

Whether the newly added Article 52, Paragraph 2 of the Sports Law of PRC intends to create rights to protect audio-visual information of sports events is still controversial in academia. The reason why the existing arguments for creating rights are flawed is that the logic of creating rights is not comprehensive, it is actually due to the gap between the formal expectation of creating rights and the weak substantive basis for creating rights. The basic attributes and system structure of the Sports Law of PRC make it difficult to reserve sufficient space for the setting rights; while on the other hand, it confirms the legal interests protection of audio-visual information of sports events, which is more advantageous. Combined with the attitude of the Sports Law of PRC towards the relevant behaviors, subjects and objects of audio-visual information of sports events, it can be inferred that the legislative intention of Article 52, Paragraph 2 of the Sports Law of PRC is to confirm legal interests protection rather than to create rights. Therefore, it will provide a scientific guidance for the legal interests protection of audio-visual information of sports events and the future direction for the improvement of the Sports Law of PRC, when clarifying the normative and coordinating status of the Sports Law of PRC as the basic law, building a system-coordinated legal application hierarchy, and implementing the field law normative system of substantive justice under value pluralism.