Criminal Regulation Of "Violence Of Foul Behavior" In Competitive Sports

The development of the sports industry has triggered people's reflection on many problems.Among them,the sports and violent foul behaviors,especially in the course of sports events,in order to achieve the final victory of the game,the athletes are hurt by physical collision or conflict.Its criminal responsibility has received wide attention.When China responds to the criminal responsibility of sports competitive violence,there are both theoretical and practical dilemmas.In theory,some sports events and violent foul behaviors are quite reasonable and justified,but they lack the support of criminal law theory.The victim's promise,the state's permission to say,the rightful business,and the social equivalent theory all have certain limitations when interpreting legitimate violent fouls in sports events.And through the detailed interpretation of the society and the combination of social policy background,it can play a good role in the current legal framework.At present,in China's practice,sports and violent foul behaviors are diverse and difficult to generalize.It is necessary to combine the subjective status of the actor,the time and space of occurrence,the subjective state of the behavior,and the rationality of the competition rules.Judgment and analysis.And there is a layered relationship between these elements.First of all,if the subjective state of the perpetrator does not have legitimacy and does not conform to the value concept and pursuit of sports competition,it should be excluded from the cause of legitimacy.In the case where the state of the agent's supervisor is justified,it is judged whether the behavior of the agent's body conforms to the rules of the sports competition.Acts taken outside the scope of the rules,even if they are not maliciously subjective,will incur criminal liability for factors with negligence or indirect deliberation,but given the risks and conflicts of the sporting events themselves and the urgency of the situation,It is also necessary to consider whether the damage caused by the damage is particularly serious.The actions taken within the scope of the rules,even if they cause very serious consequences,due to the subsequent impact on the expected development of the sports industry and the autonomy of the participants,should also consider the conduct itself to be justified,and the perpetrator should not be criminalized.responsibility.In the question of whether it is necessary to investigate the criminal responsibility of sports competitive violence,it is also necessary to proceed from the perspective of the purpose of criminal punishment,the value orientation contained in the criminal law,the balance of interests of multiple subjects involved in the process of sports competition,and the principle of proportionality of criminal law.Conduct rule design and arrangement.In order to achieve sports autonomy,the scope of criminal law intervention or the involvement of public authorities is limited,and the delineation of its boundaries is the demand for the development of the sports industry.In order to achieve a balance between the freedom of individuals to participate in sports activities and the appropriate intervention of public power,it is necessary to expand the scope of application of the private prosecution procedure,not only to reserve space for freedom and autonomy for the sports industry,but also to provide criminal relief when necessary.