Legal Analysis On The Black Whistle Conduct

Black whistle means football referees partially perform their duties in football match, after taking bribery. This conduct should be subject to legal sanctions because it not only injuries the probity of referees but also does great detriment to the healthy development football. This article theoretically analyzes the determination of the black whistle conduct and its self-government system. This article consists of three chaptersThe first chapter briefly introduces the cause of action and its dispute .The second chapter deeply analyzes the identity of the referees hired by Chinese Football Association and "gaining interests for others" as legal element in the crime of bribery. Author thinks referees hired by Chinese Football Association are not the clerks appointed by State Physical Culture Administration to Chinese Football Association, not the clerks assigned by the center of Chinese football administration to Chinese Football Association, but employees of Chinese Football Association. In such situation, even though football referees are neither civil servants in government, state-owned enterprises, institutions, people groups, nor workers appointed to non-state-owned enterprises institutions, people groups to do public affaires by government, state-owned enterprises, institutions, people groups, they are " other people performing public affaires stipulated in the law in accordance with clause 2^nd, article 93th of Criminal Law and meet the subject features of Crime of Bribery. In addition, author holds new objective element idea on "gaining interests for others " in the crime of bribery, Gong Jian Ping promised to gain interests for other people in an implied way, which fits well with new objective element idea. In summary, author gets the conclusion that Gong Jian Ping instituted crime of bribery. The third chapter is mainly concerned about legislature thinking caused by black whistle and its self-government system. Even though the sixth amendment to criminal law has extended the subject of crime to workers of other units, what is more, the third complement provisions on executing criminal law given by supreme court and supreme watchdog defines the corrupt conducted by employees of enterprises as non-governors crime of bribery, there exists disputes on the determination of black whistle conduct in judicial and practical fields, therefore, we should properly define "the workers of other units" . Meanwhile, the article also puts up with proposals on self-government system imposed on black whistle, in order to accelerate the healthy development of Chinese football...