The "Cheating Call" Of An Umpire's Qualitative Research In Criminal Law

From 1994, China's Football League has gone through the course of ten years, the China Football Super League goes better every day, it led to the development of football, and conforms to the development of the world. On this time, the "cheating call" appeared. It attracted people's attention; it also made a discussion around the scholars. "Cheating call" means in sports competitions, judges (including the referee and the linesman) use his position to facilitate the illegal race participants or with the game to have a direct or indirect interest related to request a property, or the receipt of his property, so any game after the process during the game failing to fulfill the duties of the referee, by making a conscious athletes miscarriage of justice, miscarriage of justice, sentenced, or mitigation, Missing and other acts of unfair to judge, to affect the Results purpose. This involved "cheating call" phenomenon refers only to the Chinese Football League football appears in the "cheating call" behavior, of course, because judges do not include other property received or obtained from causes other than the case of the unjust judge, not including the referee members in other sports of football appears in the form of "cheating call" behavior. "Cheating call" incident occurred is not only a sports competition in the desecration of the principles of fair play, but also raises questions for the judges just law enforcement. For the "cheating call" event to be punished according to law, or can not make people satisfied. In this paper, theory with practice, according to ask questions, analyze problems, the steps to solve the problem of football "cheating call" criminal acts carried out qualitative research. This article consists of three parts:The first part introduces the Chinese football "cheating call" caused the incident and controversy. The first is the origin of the problem. Introduced from 2008 that swept the country since a Chinese football wipe out anti-gambling crisis, contact 2002 of the Chinese "cheating call" first case "Sinister" case, for the football "cheating call" in Criminal Law Qualitative once again aroused widespread concern. Second, China's listed on "cheating call" acts of three different views, and a brief analysis of each of them. For football "cheating call" on criminal acts should be how to qualitative, legal theory and judicial practice there are different points of view, generally including three, that "not guilty", said "companies, business people taking bribes," said "bribery," said. I can easily see through the analysis of the three views is that the focus of debate in the Chinese Football League referee in the decision on the identity of law enforcement.The second part focuses on the "cheating call" behavior-related problems. First of all, the main qualification for football referees was analyzed. First, the clear provisions of the Criminal Law on the "national staff" range. Although the Criminal Law of China adopted a national general staff requirements, but its essential character is engaged in official duties. Second, the natures of the Chinese Football Association were analyzed. It explained the nature of the Chinese Football Association by discussed the three Legal characteristics of the Chinese Football Association. Third, the definition of a soccer referee in the professional league in the identity of the referees are national staff is beyond doubt. And then, the specific study of football referees in the professional league in the office. As with the Chinese Football Association Football Referees are an industry management relations between the then league referees in professional law enforcement duties should fall behavior. Finally, "cheating call" on the qualitative behavior of the Criminal Code was solved. In the denial of "not guilty" and the "company, business people taking bribes, said," at the same time, affirmed the "Dark Whistle" behavior should be characterized as bribery.The third part discusses the"cheating call"on an Incident of, including the drawing of foreign legislation on the provisions of such events and improves the handling of the relevant provisions of both criminal law. First of all, study abroad, dealing with "cheating call" approach. Through the introduction of foreign legislation for the "cheating call" behavior of the relevant provisions, combined with our existing laws on the "cheating call" behavior of the relevant provisions, and then made the game of professional sports athletes, referees, coaches, sports teams and other leaders participants or the organizers of bribery by a separate set professional sports bribery to solve the Legislation. Subsequently, the detailed disposition of the West "cheating call" behavior of advanced methods, including Germany, Mexico, Italy, Brazil, the four countries of the related system design. Then, it proposed Legislative proposals about the subject of the bribery. October 27, 2005, the Tenth National People's Congress Standing Committee of the Eighteenth Meeting of the adoption of the decision, approved to join the "United Nations Convention against Corruption", China should fulfill international treaty obligations under the Convention, the bribery provisions of the Convention in consonance. The text for "United Nations Convention against Corruption" to the relevant explanation for the "United Nations Convention against Corruption," the national law applicable to the problem, we hope our country through the criminal law amendment to complete the Criminal Law and the "United Nations Convention against Corruption," the fit, by reference to the "Convention "requirement to complete the main body of the scope of bribery.