Research On Criminal Law Analysis In The Harmful Behaviour Of Athletic Competition

With the development of sports, the athletic competitions is becoming more commercialized.This also led to some athletes to break the rules or regulations purposely in the competition, or even hurt their competitions to win, in roder to get more benefits for themselves.Increasing harmful behavior not only brought great harm to society, but also brought harm to other people's life and health; even worse it disrupted the fair competition,social morality, and even bringing damage to the country's image.At present, both domestic and foreign scholars, research on the athletic competitions harmful behaviour are basically in the justification of the crime, there are very few scholastic studies on the criminal law regulation of the athletic competitions harmful behaviour. In addition, the scholars are still arguing if there is a need to set the criminal law regulations to stop the harmful behaviour in the competition.However, the sportsmanship and the sports regulations cannot stop the occurrence of the harmful behaviour any longer.It has become imperative to use the criminal law or regulations to effectively regulate the harmful athletic behaviour in the competition to protect the athletes. This is also the goal and the prupose for this dissertation.The first chapter gives the definition and criterion of the harmful behavior of athletic competition.In this chapter, the athletic competition harmful behavior is defined as having a confrontational relationship between the players of both sides in the region and the space during the competition, due to one player over implementing the necessary limits to purposely break the regulations, negligence or intentionally caused the other athletes victimization and other serious consequences.Secondly, the athletic competition harmful behavior defined herein introduced and applied to other different athletic competitions classification and refinement, thus giving more comprehensive evaluation on the harmful behaviour.The second chapter gives the theoretical basis of the justification of the injury behavior of athletic competition and its negation. This chapter first explains the proper theoretical basis of the behavior of sports injuries and the theory of the defects and deficiencies of the theory. Secondly, the definition of sports injury behavior is appied to the justification theory the analysis.It is concluded that the negative conclusion, the justification cannot be used as the theoretical basis of the crime.The third chapter discusses the necessity of the criminal law regulation of the injury behavior of sports competition, from the perspectives of competition rule, public perception,harm to the society and the protection of legal interests and the restraining of the criminal law.This chapter gives the in-depth analysis of the damage behavior of sports contest. Based on the analysis, it proves that it is necessary to carry out the regulation of criminal law to curb the athletic competition injury action.The fourth chapter illustrates the conception of the criminal law regulation of the harmful behavior of athletic competition. This chapter gives the solution to the problem of pre-criminal regulation.Based on the research in British and other existing academic studies,it is suggested to establish the concepts of sport injury crime, and the conception of sports injury crime conviction and sentencing.