The Criminal Regulation Of The Injury Behavior Of Competitive Sports

Competitive sports can enhance physical fitness and cultivate sentiment,but its fierce competition and confrontation also make the injury behavior in the competitive sports field an inevitable part.In the case of competitive sports,the behavior of injury is usually followed by the principle of industrial autonomy,and fines and bans are imposed.So far,there have been no cases of criminal liability for competitive sports injuries in China.However,with the continuous penetration of political,cultural,economic and other factors,the commercialized operation mode of the competitive sports industry has been strengthened.Under the eviction of multiple interests,athletes will not hesitate to use various means to obtain the victory of the competition.The limited strength makes the injury behaviors in the competitive sports field occur frequently and intensified.In the long run,the healthy development of the sports industry will be constrained.In this regard,the academic circles are increasingly calling for the involvement of criminal law in the field of competitive sports.However,due to the particularity of the competitive sports field,the competitive sports injury behavior presents a complex and complicated pattern,and the criminal law system faces certain difficulties.Should the scope of the criminal law system be clarified? If it is to be regulated by the criminal law,what method should it use? In view of this,this paper adopts a typed analysis method.On the basis of the type reconstruction of competitive sports injuries,the criminal law analysis is carried out for different types of competitive sports injury behaviors,and the specific regulation method of criminal law is proposed.In addition to the introduction and conclusion,This article is divided into four parts.the text has a total of more than 50,000 words.The basic contents are summarized as follows:The first part of the thesis is an overview of the injury behavior of competitivesports.First of all,the concept of competitive sports is expounded,and its five characteristics of competitive,normative,fair,utilitarian and ornamental are introduced.Secondly,the concept and conditions of competitive sports injury behavior are defined.After analyzing and comparing the existing narrow and broad concepts,it is considered that both have inadequacies,so as to define competitive sports injury behavior as occurring in competition.In a sports competition,the behavior of one athlete to the other athlete in the corresponding field.After defining the concept of competitive sports injury behavior,the conditions for the establishment of competitive sports injury behavior are constructed from the four dimensions of time and space,subject,content and game type.The second part of the thesis is about the type reconstruction of competitive sports injury behavior.This part focuses on the use of typed thinking,the psychological attitude of violating the rules of motion and the psychological attitude towards the result of injury are the core basis of type,and the competitive sports injury behavior is divided into three categories,namely: the behavior of injury under the rules Negligent injury behavior under negligence violations,injury behavior under intentional violations.Among them,the injury behavior under the intentional violation is subdivided into two categories: the intentional violation of the injury behavior under the control of the game,and the pure intentional violation behavior.The third part of the thesis is to classify and analyze the issue of whether or not the competitive sports injury behavior is guilty on the basis of type.Obeying the injury behavior under the rules is a legitimate cause of super-regulation.Although the criminal law does not expressly stipulate that it is justified,it is recognized as a legitimate behavior in both theory and practice,and its justification is social equivalent theory.The act of obeying the rules of injury cannot be guilty;although the act of injury under the rule of negligence cannot be justified as a justification for super-regulation,the intervention of criminal law will seriously affect its enjoyment,and its behavior does not have the expectation possibility,and Based on the consideration of the principle of modesty of criminal law,it is considered that the criminal law of injury behavior under the rule of negligence is not suitable forconviction;the injury behavior under intentional violation has serious characteristics of legal infringement,competitive goal and means divergence,and due to the limitation of sports autonomy.Unable to get effective regulation.The criminal law involved in the intentional violation of the injury behavior is effective and fits the public's cognition.Therefore,the injury behavior under the intentional violation should be guilty,but considering the particularity of the competitive sports injury behavior,the conviction should meet the following conditions,respectively Yes:Intentional violations exceed the necessary limits and cause significant damage.The fourth part of the thesis is a concrete conception of the criminal law system for competitive sports injury behavior.For the two non-crimes of the injury behavior under the rule and the injury behavior under the negligence violation,the former can be clearly defined as the cause of legitimacy,and the boundary standard of the injury behavior under the rule and the injury behavior under the negligence violation can be clearly observed..It is justified by the criminal law under the rules of the injury,but the injury behavior under the negligence violation does not have the legitimacy of the criminal law.It is only considered as a comprehensive treatment factor;the injury behavior under the intentional violation should be within the current criminal law.Relevant crimes are regulated,and pre-emptive legislation is improved,and relevant judicial interpretations are issued to enhance the operational operability.In the criminal justice application path,the criminal principle of intentional violation of the crime is determined by the principle of presumption of sin and the principle of allowing counter-evidence.In terms of sentencing,the application of sentencing is based on the principle of widening,advocating the application of the prohibition of employment,avoiding long-term free punishment,giving priority to probation and increasing the applicability of the prohibition order.