| With the rapid development and great progress in China’s sports industry, especially the success of2008Beijing Olympic Games and the tremendous business opportunities brought, which makes the competitive sports’commercial value and economic value more and more obvious in China. Sports technique and tactics development enhances the competitive game’s competition, athletes’physical confrontation and high risk. Auxiliary of advanced science and technology enhances appreciation and attraction of competitive sports. The competitive sports have become an important part of human life. But at the same time, competitive sports is accompanied by some disharmonious phenomenon, the emergence of violation of sports professional ethics and even behavior of breaking the law, and some individuals or groups for various kinds of interests constantly challenge sports moral and legal bottom line, even with more complex trend. This article intends to comb through the data and research results, to ascertain what the competitive sports crime is, to determine competitive sports activities which belong to the behavior of competitive sports crime according to the behavior of the competitive sports illegal severity. This paper makes an effort to seek a variety of causes of athletic crime,to explore the solution mechanism of competitive sports crime from a legal point of view, and to urge to improve the Sports Law and its related legal system construction, with legal means to prevent and solve our competitive sports crime for our nation’s sports industry to unblock the healthy and smooth development, and offer rational suggestions.The causes of the crime of competitive sports in China mainly display in:1. The construction of sports legal system is not perfect, and there is no legal basis for the phenomenon. Legal relations within the field of sports has no corresponding laws which can be adjusted, there is a lot of legal gaps;2.The judiciary is difficult to intervene in sports, law enforcement agencies are not perfect, and the application of criminal law is difficult. The competitive sport is of strong professional technical, obvious industry particularity, lack of proper investigative techniques;3. The penalty enforced weakening; the administrative law enforcement is lax, penalties are generally lighter. The law of our country sports punishment of crime is weak, our law on the punishment of the criminal acts of competitive sports is weak, making illegal cost is less than its interests, and thus failed to exercise any restraining effect on competitive sports crime;4. It is lack of effective supervision mechanism. the main body of supervision, supervision object, supervision methods are obviously single, and lay particular stress on spot checks and neglect the regular supervision, attention to substantive law supervision and ignore the procedural law supervision phenomenon and so on;5.Legal consciousness is insufficient and a sense of legality is weak. Sports community and legal circles lack awareness of sports crime. People’s understanding of the phenomenon of competitive sports crimes is less;6. Life and values distorted. They look money as the sole criterion of existence’s significance. New ideas affect some athletes, coaches, sports practitioners. They transform the value of competitive sports goal in terms of ideology, and abandon the essence of sports fitness and recreation, to win in the competition as a huge material and spiritual interests of the best opportunity;7.The atmosphere of society is bad. The community has formed a widespread bribery psychology, and outside into action habits. This social corruption has become a model for some athletes, referees to emulate and some sports practitioners can not stand the temptation of the material and spiritual interests, in the race for "competition trade";8.The competitive sports was so commercialized. With the rapid development of competitive sports commercialization, the competitive sports become a tool to make money. Sports in commercial auxiliary status and become subservient to the capital;9.Sports management system lags behind. The development of competitive sports commercialization, industrialization, the league system is quite different from domestic sports environment in the planned economy period.According to the conclusions reached by the research of competitive sports causes of crime, combined with the basic principle of the socialist legal system, namely " there must be laws to go by, the laws must be observed and strictly enforced, and law breakers must be prosecuted" four aspects to study China’s competitive sports crime of the legal settlement mechanism. Recommendations on:1.There must be laws for people to follow, perfect the legal system in sports. Learn from other developed countries, the basic experience of the criminal law legislation in competitive sports, improve the system of sports laws and regulations, strengthen supervision and criminal legislation, and enhance the deterrent force of law;2.The laws must be observed, improve the judicial intervention mechanism. Strengthen judicial active intervention; distinguish the judiciary in the scope of the disputes of competitive sports, sports departments and judicial authorities to establish a linkage mechanism;3.The law must be strictly enforced, standardize judicial operation. Make full use of the existing legal system implementation blow, but should pay attention to application of punishment, and resolutely severe penal ties;4. Lawbreakers must be prosecuted, strengthening the legal supervision. To establish a sports crime monitoring file, strengthen the supervision of public opinion and social news media supervision, and establish the competitive sports crime reporting system. |
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