Research On Application Of Criminal Law Of Match-Fixing

The issue of match-fixing has been troubling the sports league since the development of sports professionalization and marketization.And the prevalence of match-fixing undoubtedly would lower sports' competitive level.Match-fixing includes the behavior of fixing games for the purpose of win in the gambling.In earlier judicial practice,the judicial authorities only investigate and affix for the responsibility of suborning behavior among perpetrators while neglecting the fact that sports gambling by manipulating games is also a kind of fraud.In addition,as sports associations and sports clubs are inextricably linked with some state organs and state-owned enterprises due to special national conditions of China,the identification to perpetrators ' identity should be done based on specific cases when staffs of mentioned institutes are involved in match-fixing.In view of this,the paper develops a discussion on the application of criminal law on match-fixing issue.This paper has four parts:The first part mainly defines match-fixing and its scope.In previous researches,many scholars mix up the relationship among match-fixing,cheating calls and sports gambling.This paper holds the idea that cheating calls is just a way of doing match-fixing while sports gambling with behaviors of controlling competition can be defined as one kind of match-fixing.This paper divide match-fixing into two categories:match-fixing for better score and match-fixing for sports gambling.The second part names famous match-fixing cases in our country' s occupation football league.Questions of who manipulates the games,why match-fixing and how to do match-fixing will be discussed with real cases in this part.And all the real match-fixing cases can be put into the two categories of match-fixing after being concluded abstractly.The third part introduces problems existing in the application of criminal laws in match-fixing.The problem existing in personnel identification is that even though China Sports Associations and the Sports Management Center under National Sports Bureau are named differently,they actually are about same people.Besides,a lot of sports clubs are inextricably linked with administrative organs such as local sports administration and some state-owned or central enterprises.Therefore,it is quiet complicated to distinguish the identity of sports association officials from clubs managers.More importantly,when applying criminal laws to punish the behavior of match-fixing for gambling reasons,accusation is mainly about the issues of offering and taking bribes in former judicial practice and regulations on the behavior of fixing games for gambling have been neglected.The fourth part is to conclude the application of criminal laws in match-fixing.The paper suggests that due to the complication in identification,the issue should be discussed specifically based on whether or not they are national staffs and what plays the main role in fix-matching.In the case of match-fixing for gambling,this paper suggests that the crime of fraud should be applied in punishing that behavior for it adheres to the constitution of that crime while former judicial practices only accuse of bribery which is just internal spoils distribution.