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The Criminal Regulation Of The Injury Behavior Of Competitive Sports

Posted on:2019-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:K Y WangFull Text:PDF
GTID:2416330545476206Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The legitimacy of sports injury behavior is accepted by the society.However,with the deepening of commercialization of competitive sports industry,sports injury events are also constantly upgraded,the connotation of sports injury behavior began to expand,due to intentional violations,Intentional or negligent harm to the opponent is also a problem of sports injury.With the expansion of the intension of competitive sports injury,its legitimacy has also changed.Through the grasp of the characteristics of competitive sports injury behavior,it is clear that athletic sports injury behavior includes proper competitive sports injury behavior and unfair competitive sports injury behavior.The legitimacy of the injury behavior of competitive sports is limited to the injury behavior of competitive sports within the scope of rules,that is,the legitimate injury behavior of competitive sports;The improper sports injury behavior should be combined with the subjective situation of the actor and the result of injury to judge whether it is necessary to investigate the criminal responsibility of the actor.The frequent occurrence of sports injury events itself means that the current industry regulation is insufficient.After it is clear that the sports injury behavior has the space of criminal law application,through using for reference the legitimate defense,the urgent criminal legislation mode of avoiding risks brings the theory of legitimate business into the criminal legislation system.On the one hand,it provides the criminal legislative basis for the justification of sports injury behavior,on the other hand,it clarifies the principle that the sports injury behavior should be investigated for criminal responsibility according to law beyond the necessary limits.At the same time,with the help of judicial interpretation,guiding cases and other means of judicial regulation,constantly improve the system of criminal liability for sports injuries,so as to prevent the frequent occurrence of sports injuries,and effectively protect the legitimate rights and interests of athletes.
Keywords/Search Tags:Sports, injury behavior, criminal law regulation, professional conducts
PDF Full Text Request
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