The Criminal Regulation Of Competitive Sports Injury

In recent years,the injury behavior in competitive sports shows a trend of high incidence.Although competitive sports competition determines the emergence of certain injury events is inevitable.But it can not be left unchecked,especially some serious harm behavior is beyond the scope of sports can be tolerated,reached the boundary of crime.But in reality,people are more likely to regard competitive sports as an independent autonomous area and out of law.They are divorced from the control of criminal law and only rely on industry rules to regulate and punish them.This makes a lot of injurious behavior escape the punishment of the criminal law,and the personal rights of the athletes can not be guaranteed.For such a problem,we should not ignore it,but we should actively study it and put forward the concept of regulation from the level of criminal law regulation.The first through the concept of the injury behavior of sports and accurately defined in comparison with related concepts,specific sports injury behavior refers to participate in sports competition in specific places in the presence of athletes intentionally or negligently violating sports rules based on mental attitude,causing bodily harm to the other players,other serious violations of the health of athletes even the right to life right behavior.Based on analysis and resulting in sports activities frequently harm behavior present situation,pointed out that in competitive sports,the injury behavior existing in athletic sports injury behavior is difficult to fully identify what kind of behavior is a crime is not clear,serious sports need criminal law is still controversial,and no criminal law for how to regulate the behavior of athletic injury sports rules and other issues.Secondly,we conduct an in-depth analysis of the regulation of similar injury behaviors in China,and summarize the experience that can be learned based on the analysis of relevant foreign legislative provisions.After the injury behavior of criminal law in the context of the foul behavior,no harm to match for the purpose and behavior of foul and non damage to match for the purpose and foul injury behavior at different levels of analysis was carried out,and cause of regulation from the legal reasons and social reasons for the demonstration,and strive to solve what damage should behave in criminal law problems.Finally,on the basis of the comprehensive analysis of the foregoing,the author puts forward his own opinion on the criminal law regulation of competitive sports injury behavior.Start from the layers of regulation,regulation and regulation dilemma conception,conception of regulation from the creation of two levels of crime and crime of exclusion theory reconstruction system,in order to make a supplement for the theory of current research,and judicial practice of competitive sports activity provides a reference.