Studies Of Sports Bribery

Along with the impact of commercialism and professionalism on sports, lots of alienation phenomenon such as sports bribery, doping, ground violence, and sport discrimination happen on sports ground frequently. Among them, sports bribery is regarded as the most dangerous and effective alienation act. Research on these issues has important theoretical and practical value. Hence, beyond upon the international research on the judicial theory and practice, this research systematically discuss and analyzes the sports bribery and end up with a framework of analyzing sports bribery.This research is divided into three major parts. The first part is the introduction, which addresses the research background, significance, methodology and outline. The second part is the main body of the research, which includes five chapters as follows:Chapter I of the main body historically defines the sports bribery phenomenon. Firstly, it discusses the history of sports bribery and defines the problem-centered method as the strategy of this research. Secondly, this chapter analyzes and conceptualizes the constructing factors of bribery aiming to clarify the foundation and definition of sports bribery. Thirdly, the behaviors characteristics of sport bribery crime are discussed. Finally, the categories of the sport bribery crime are summarized as racing style of bribery and non-racing style. Among which, racing style of bribery concludes gambling style and non-gambling style; non-racing style comes from the motives of hosting the racing game, motives of becoming administrative or the motive of attending the racing.Chapter II discusses about the reasons of sports bribery. Firstly, this chapter compares the perspectives of the Classical school of criminology, the positive school of criminology and the contemporary school of criminology regarding the reasons of sports bribery. Secondly, based on the rational choice theory, this chapter discusses those reasons in a micro layer. Accordingly the rational choice theory, criminals of sports bribery normally consider the gap between cost and profit when they make choice. That means they would choose to bride if the profit is bigger than the cost, otherwise they would give up the bribery. In turn, people would get stimulated when the profit is much higher than the cost, and then bribery crime would happen more possibly. Conversely, when there is high risk and low profit, the bribery motives would be restrain rationally.Chapter III discusses the prevention and controlling mechanisms of sports bribery. Firstly, it addresses the theoretical basis of sports bribery from the perspectives of the Classical school of criminology, the positive school of criminology and the contemporary school. Secondly, apart from the Penalty, this chapter put forwards a comprehensive prevention and controlling system, which is based on the multiple factors of crime and combined with various social organizations. The construction of the prevention and controlling mechanisms falls into two major types. One type of mechanism is sport organization, which mainly includes building professional prevention and controlling institutions, developing prevention and controlling organizational norms, implementing of the education of sports organizations, and early monitoring and warning. Another type is the national prevention and controlling system, which includes the law legislation, administrative and judicial institutions, and civil society oversight. Finally, there are four major measures of the prevention and controlling system:(1) to improve the legal system and to standardize executive powers in sports field. Accordingly, there are two ways of achieving this goal. One is through constructing internal legal system in sports organization and constructing national legal system;(2) to improve the improve the sports management and related operation mechanism;(3) to increase the cost of sports bribery, and to balance of crime and punishment;(4) to make more efforts to increase investment in education, training alert awareness and penalty abilities.Chapter IV discusses and compares different legislation models of sports bribery. Firstly, it summarizes and analyzes federal and state levels. At the federal level, the federal sports bribery laws, this is enacted by the U.S. Congress and regarded as a special legislation for the prevention and controlling of sports bribery, is a supplement of bribery-related criminal legislation. Such criminal legislation includes the Foreign Corrupt Practices Prevention Act and other legislation. At the State level, existing16states have developed related charges of sports bribery referring the "Model Penal Code", such as fraud, bribery and gambling crimes. Secondly, this chapter compares different criminal legislation modes of European. According to the comparison, the crimes of sports bribery can be summarized as three models:Penal Code Mode; Dependent Penal Mode; Single Penal System Mode. Among them, those countries who apply the Penal Code Mode conduct three kinds of convictions, which are bribery legislation model, Fraud and trustless legislation model and mixed crime legislation. For those countries who apply Dependent Penal Model can be divided into two types. One type is those countries which revised crime of sports bribery in sports laws mainly including Italy and Spain. Another type of countries is those which provision sport crime in sport laws such as Cyprus and Greece. England is the country who takes the Single Penal System Mode and has developed the Bribery Act, Fraud Act and Gambling Act to regulate sports bribery. Finally, this chapter compares the criminal legislation mode in Japan, South Africa and Taiwan.Chapter V discusses the special problems of sports bribery in China. Firstly, this chapter historically explores the Chinese characteristic rationales of crimes of sports bribery, which include "Handicap","Match-fixing","black whistle" and "gambling".Secondly, this chapter examines the specific cause of the crime of sports bribery from both objective and subjective aspects of the crimes. Thirdly, this chapter analyzes comparatively the cases of Jian-ping Gong and the case of Lu Jun from the aspects of logical reasoning and legal analysis. In the case of Jian-ping Gong, the referee could not be charged with breaking law due to short of legislation basis even though he should be. In the case of Lu Jun, the acts of referee were charged as crime of sport bribery because there is legislation basis in Amendment (VI) to the Criminal Law of the People's Republic of China, which incorporates the crime of sports bribery committed by cooperates and their staff. Finally, this chapter explores the construction of crimes of sports bribery in China from the following four aspects:the management reforms the standard system; the standard system; the supervision and prevention mechanisms and sports education. These constitutions of these four aspects aim to build a research foundation for constructing the controlling system of sports bribery in China.In the end, the appendix part summarized the criminal legislation of sports bribery.