The Nature Of The "Black Whistle" Acts And The Referee's Civil Liability In The Professional League

All along, the countries in the world, including China, will be treated sport as a public good, with the development of economic and social, and sports categories, a more detailed breakdown.For example, according to Chinese "Sports Law" into the sports community (the masses) sports, school sports, competitive sports. Sports not only challenge the body's limits, the maximum use of the body's functions and to strengthen national health and sports also gradually with the entertainment. Some professional sports development projects, sports competition, intensity and Now, more entertaining. And the development of these characteristics, the economic linkage between sports also strengthened. In professional sports, gradually exposed to the legal issues we should not only see the development of the professional role in promoting sports, but also to study and solve the legal issues, to protect their healthy development. Professional sports abroad as early as the time of the start, the more mature, and our only a matter of about 10, very immature. For example, professional sports league in sports referees bailiffs "black whistle" to the question of what responsibility, it was argued that sports have an advantage because the referee in the bailiffs in the post one-sided, constitute a crime, should be held criminally responsible, some advocates occupational entertainment with sports leagues, is a commercial operation, and sports referee's conduct did not constitute a crime, only the civil liabilities can be. Is for criminal liability is also different opinions, national staff propositions constitute the crime of taking bribes, and some propositions constitute the crime of taking bribes enterprise units, and also propositions constitute "other" of the crime of accepting bribes. The reason why there are differences lie in the post bailiffs not define the nature of the act. Bailiff post is that of the exercise of public authority or private rights will be exercised, if the exercise of sports referee is a public authority, a violation of the law to protect social relations, to China's criminal law requested by the serious harm the community level, break the law, of course, in the most severe manner to be held criminally responsible to justice, so as to protect the corresponding social order. If sports referee is the exercise of private rights, the means used to solve minor, of course, not be held criminally responsible by. Privacy rights can be punished, the victim did not pursue the matter, other people do not need to pursue the matter, in order to save social resources; Sports referee is the power of the state organs or given by the non-governmental organizations, if it is given by the state organs, sports referees act is a kind of act of state, sports referees to bear national staff have to bear the corresponding responsibilities. If it is given by the civil society organizations, it is only a breach of contract, in accordance with the civil laws and regulations can be disposed of; Sports in the name of the referee who is on whose behalf bailiffs post, or a neutral referee sports, sports referees decide the issue on whose behalf of the sports referees in the post bailiffs in the process of nature. On behalf of the state, sports referees is the national staff; representatives of enterprises, sports referees conduct business; sports referees are neutral, due to their own reasons for sports referee, and in that respect what kind of a breach of the relevant social relations undertake corresponding provisions of responsibility. Sports referees bailiffs post because of the nature of the business and competition will become more complex. Sports are public goods, sports clubs quasi-public goods, and professional sports league to the operation of the business of the sports identity of the referee that it is indeed a very important things are very difficult. Is the professional sports league sports referees in the "black whistle" of how treatment, the majority of scholars on the "black whistle" sports referees discussed criminal responsibility, the right to bear civil liability seldom discussed. For sports referees when bailiffs post of the illegal activities of both pursue the administrative and criminal liability should also pursue civil liability. Bailiff post for sports referees in the process of "black whistle", both from criminal liability, administrative liability perspective research, should also be civil law, civil liability perspective studies, multi-angle understanding of the "black whistle", to the "law of" health professional sports, help development in a virtuous circle.