| From the early days of xie yalong,the vice-president of the Chinese football association,to the jailing of lu jun,the "golden whistle",to the prosecution of yu li,the current head of the country's synchronised swimming team,and the deputy head of the general administration of sport,China's sport scene has been marked by spectacular achievements over the past 30 years,but controversy over corruption continues.Corruption at the top of the sports world has become an alarming problem,with media reporting that officials have used bribes,match-fixing and fixed gold MEDALS to enrich themselves.Since the development of Chinese sports towards professionalism and marketization,sports corruption has been troubling various sports leagues.Among many sports,the "match-fixing" problem in football is particularly serious.The prevalence of "match-fixing" will undoubtedly reduce the level of China's competitive sports."Match-fixing" includes the manipulation of the match for the purpose of gambling and the act of taking bribes to manipulate the match.In the past judicial practice,the judicial organ only investigated the bribery among the players,but did not see the essence of match-fixing for gambling is a kind of fraud,which also has serious social harm.In addition,due to the special national conditions,there are numerous links between sports associations,sports clubs,some state organs and state-owned enterprises.Therefore,when the personnel of some institutions participate in match-fixing,the identification of their identity should be analyzed on a case-by-case basis.In view of this,the article has carried on the discussion to the illegal manipulation sports competition criminal law application question.The thesis consists of four parts:The first chapter defines the concept and scope of "match-fixing".In previous studies,many people confused the relationship between match-fixing,black whistle and gambling.Gambling,when it comes to match-fixing,is a form of match-fixing.The second chapter focused on the legal regulating of the match-fixing behavior to unfold,which was introduced in stanzas 1-2 for match-fixing behavior of the development of legal regulation,the third section mainly for the legal regulation of match-fixing action in our country has carried on the analysis,the disadvantages of our country is based on qualitative "fixing" bribery case,at the risk of "heavy anti-corruption,light impact".Chapter three takes the extraterritorial experience and inspiration of the legal regulation of "match-fixing" as the topic.In each section,it introduces the governance methods of sports powers or football powers,such as the United States,Britain,Italy,Brazil and Germany,for sports bribery crime or match-fixing,and puts forward some Suggestions for reference.The fourth chapter puts forward the construction of the crime of "illegal manipulation of sports matches",which is carried out from the following four aspects:the theoretical basis,the specific path,the criminal composition and the application of penalty. |
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