Discussion On The Criminal Law's Restriction On Competitive Sports

The research on the crimes in the competitive sports conducted by the criminal law learners in China has always been restricted to the analysis on whether the injury behaviour in the game is criminal. It has not caused any attention and discussion from the learners in the criminal law circle and from the society on how the judicature intervene the competitive sports circle and how to determine the nature of "malicious whistling" behaviour until the Football League—the highly commercialised and widely socialized branch of competitive sports—occurred, and until the "pretentious playing and malicious whistling" occurred in football games. Up till now, the discussions and research among the learners in criminal law circle are still restricted to the hot-point that the society has concerned about. Nobody did actually probe on how the criminal law formally regulate the competitive sports and how to form a restriction system of criminal law in systematic and scientific way basing on the integrate and macro relationship between the competitive sports and criminal law. This is a vacancy in criminal law theory. Competitive sports is a kind of social activity focusing on fair competition, is the social activity evaluated in a double-way by moral and law. All kinds of legal problems in the big society will be reflected in the small society of competitive sports in different ways. As nobody paid any profound attention to the crimes in competitive sports circle for a long time, the competitive sports circle cannot protect its healthy development relying on the force of criminal law. This dispute or the vacancy has inevitably become a kind of loophole and pity to China's criminal law that is transferring from political criminal law to civil criminal law. The crime in competitive sports is not a single crime, as it can be seen in all the accusations in the secondary crimes of criminal law. It can be injury crime, bribe-taking, smuggling and drug trade or gambling and defrauding, so the analysis on the causes of the crimes shall and could only be conducted from the macro level as the phenomenon of committing crimes and the micro level as the individual crime. We can divide the causes of sports crimes in respect of its structure and levels from the macro one and from the possibility of the relationship between the causes and the results: the economic origin of sports crime, the social causes of sports crime and the natural conditions for sports crime. In the micro level, we dynamically express the causes of individual sports crimes as the rational economic individual taking choice process after comparing the crime cost with the benefit. The focus of this essay is to research on the crimes in competitive sports and how to use criminal law to systematically prevent the crimes in competitive sports in a general way and in a special way. So, in this article, we have brought about the discussion on the criminal law's restriction on competitive sports. It is a concept of the science of criminal law making the competitive sports as the carrier, starting from the theory of cybernetics and combining with system theory and information theory. Basically it means: starting from the double structure of criminal law, we will research on the penalty and sanction on the individuals that have committed crimes and the social prevention and security on the un-happened crimes in competitive sports and related fields, thus regulating the development of sports activities by establishing a complete, sustainable and multiple law regulating system. The crimes in competitive sports are not purely the problems in competitive sports themselves, but they are closely related to competitive sports. We can say that, if there is no correspondence caused by competitive sports, and there is not commercialised management, they can not be called crimes. So it is very necessary for us to conduct research on it. But the research on individual crime is just the issue of a point, it is not possible to cover all the status. This suits all the research in...