Legal Analysis Of Soccer Corruption Case In China

In2010the Chinese football corruption case, is a stone Melaleuca waves stirredup, from the players to the football club, from the referee to the football associationfootball management center, a number of officials have fallen, football is a microcosmof society and mirror, the reality of the Chinese football, can not be divorced from thesocial and individual survival. Many problems reflected in football, such as morality,faith no longer, a reflection of social problems. Lasted two years and three months of"8·25" football anti-corruption action, finally in December19,2011opened the trialscene. Football although not related to beneficial to the people’s livelihood, butfootball sports corruption related to legal issues, the social atmosphere, fairness andjustice principles, relations with the Chinese soccer ’s international image, but alsoaffects hundreds of millions of fans. Corruption was a natural phenomenon, rot refersto organism damage by microorganism growth and metamorphism, and later extendedto the person’s thought, political system, life, fall bad economist Professor WuJinglian, famous think: corruption is the exchange of power and money, this " power "phenomenon in economic terms is called rent and rent-seeking activities. Soccercorruption ethos, undermine the sports fair competition rules, contrary to the spirit ofsports competition, lost the majority of the fans to trust, which bring a hindrance tothe development of Chinese football. Someone commented that this anti-corruptioncase is to promote the Chinese soccer forward favorable opportunity, but through ajudicial corruption, wasn’t enough to eradicate corruption root of Chinese football,China Football defects in the system, causing corruption. Therefore, resolutely crackdown on corruption, purification sports atmosphere brook no delay. From thebeginning of2010and the Chinese soccer corruption case, involving " soccergambling, match-fixing, black whistle, bribery, fraud " and a series of violations oflaw, especially to Xie Yalong, Nan Yong, Yang Yimin, Lu Jun ’s bribery caseinvestigation hearing, which lasted two years, the time is long, the number, amount ofillegal, the case is complex and changeable, the case attracted national people’sattention, cases involving the complicated problems, such as the referee, briberyqualitative identity of the conviction and sentencing of the amount of influence,become the focus of academic debate again.This paper is based on the analysis of the case, the case carefully, on thedifficult problems in the case from the proposed legislation, perfect plan, hope theChinese football against " gambling and leave " to clear the way for the developmentof our country’s football sport, the involvement of criminal law also can provide aguarantee for football and other sports competitive order. This paper is divided into three parts: first, the Chinese soccer corruption conviction, this part of the corepart, by reference to the case, the case according to the different subjects, includingthe identity of referees, officials of the Football Association, the club head, athletesand coaches, as well as the " black whistle "" match-fixing "" soccer gambling "relates to the bribery crime, gambling crime, the crime of opening casinos in private,and the crime of fraud unit crime conviction and problem analysis, perfect legalobtained this lasted more than two years of the Chinese football in the trial of criminalculpability. Second, the problem in this case, mainly discusses the bribery crime ofcorruption of the applicable sentencing, the defects and shortcomings of our judicialpractice, sentencing factors, in some personnel decision implementing loss accordingto the discretionary circumstances of sentencing, sentencing consideration, but also tostrict sentencing circumstances, to temper justice with mercy. Third, China’s law forperfecting the bribery crime legislation, including perfection of bribery crimeconstitution, and the plan for constructing the " manipulation of sports crime " in ourcriminal law, and perfect the internal rules and regulations and industry " sports law "and other relevant departments of the linkage supervision, promote the healthydevelopment of Chinese football and other sports career.