(School of Law，Jiangnan University，Wuxi 214122，China)
Abstract: By analyzing the text of Sports Law, the study finds that the “sports right” is not only possible, but also a right. Although the paragraph 2 in the article 21 of our Constitution stipulates “sports career”, through the analysis of structure, history and function, it can be seen that that has been over-interpreted. Whether it is the theory of “right to education”, “right to cultural”, “the freedom of association”, or “the new type of human rights”, it is impossible to conclude that the sports right is a basic right. From the perspective of systemization, sports right should be an independent right with constitutional nature. From the internal observation, the system of sports right presents the obvious “core-foundation” structure; from the external observation, sports right should be a second-order right based on the “right to health”, which has relevant characteristics of “right to development” in legal attribute.
Key words: sports law；sports right；basic rights；legal attribute；second-order theory；right to development