Research Of The Damage Behavior Of The Criminal Law Of Competitive Sports

With the continuous development of the socialist rule of law and thestrengthening gradually of people’s legal consciousness, in accordance with themanagement become the important strategies for the sports management under therule of law, at the same time, the extensive of competitive sports by law providessustainable control space involvement in sports field. In recent years, with the need ofpromoting China’s international status and cultural exchange, internationalcompetitive sports activities in our country, more and more; In order to improve thepeople’s physical fitness, satisfy the people’s growing health, happiness, the spirit oflife demand, domestic also held the competitive sports events. Competitive sportsathletics, confrontational determines the occurrence of sports injuries is inevitable,however, some sports organizations and athletes in order to pursue the possibility ofmaterial and spiritual benefits, a serious violation of the rules of the game, of which isprohibited by the laws of unnecessary damage. For these phenomena, law workers cannot be seen as a deaf ear, should strengthen research and, ultimately, reasonable andworkable solutions, to lay the foundation for future legislation the administration ofjustice.For sports behavior, we first need to accurately define and classify the precisescope of the criminal law involved, be regulated within a reasonable range, can notsimply be generalized. Part of the behavior of sports injuries legitimacy, they shall notbe subject to criminal law regulation. But the legitimacy of the theoretical system ofsuch behavior has not improved in the domestic criminal law theory, there are manyunresolved dispute, on the basis of the legitimacy of sports injuries theoreticalsummary and analysis of the behavior at home and abroad on the proposed Trinitytheoretical ideas. From the state, society and the individual three levels to adequatelyjustify part of sports injury behavior, excluding its illegality, and then come toregulate the scope and methods.Meanwhile, concern about the behavior of another part of sports injuries, withillegality, causing serious harm to the results, there is a negative impact on the healthy development of the country and sport, should be regulated by criminal law. This partof the behavioral norms should make clear the scope should not be too large.Specification range of sports science and standards should take into account twoaspects of criminal law. For a range of sports injuries behavioral regulation conduciveto the healthy development of sports, to the establishment and maintenance of sportscompetition order, in favor of comprehensive national strength and enhance thepeople’s physique.In this paper, using literature analysis, comparative research, the basic academicresearch methods such as logical reasoning of competitive sports injury adjustmentprinciple and the scope of criminal law is defined. For minor violation of the rules ofsports ethics and damage behavior of the legitimacy of competitive sports areanalyzed, and puts forward the criminal law does not have to sexual damage behaviorof competitive sports should take evasive attitude. At the same time, the seriousdamage behavior of competitive sports should be expounded the theoretical basis ofthe criminal law regulation, think about a serious violation of sports rules, based onthe intentional misconduct or gross negligence should not appear serious injurycaused by the incident should be involved in criminal law. For competitive sportsinjury cases in criminal law should take appropriate and feasible way. In terms oflegislation, can increase the relevant charges or increase the corresponding provisionsin the murder and mayhem, considering the particularity of competitive sports crimeand light and common social harmfulness of crime, should be taken to a lighterpunishment; Cannot modify the law, law under the condition of no clear stipulation, tointentional homicide, harm or harm qualitative negligence causing death, negligence,will be playing and games as discretionary sentencing plot, sentenced to the offenderis lighter punishment.The damage behavior of competitive sports should be criminal law interventionin both academia and practice. The reason: serious misconduct and have to sexualcase appears the probability is low, the lack of legislation precedent at home andabroad, take more sports organizations shall be punished in accordance with industryrules in dealing with both ways. In view of this, the field of criminal law involved in competitive sports should take prudent, modest attitude.