Research On Criminal Law Regulation Of Violent Fouls In Competitive Sports

In recent years,violent fouls in competitive sports have occurred from time to time,seriously disrupting the normal order of sports competition activities,undermining the fair and just sportsmanship,and infringing on the personal rights of athletes.However,due to the practice of industry autonomy in the field of competitive sports,criminal law cannot intervene.Whether violent fouls should be criminalized and subject to criminal regulations is also quite controversial in theoretical circles.In order to effectively curb violent fouls,effectively protect the personal rights of athletes,and maintain the normal order of competitive games,it has important theoretical value and practical significance to carry out research on the criminal regulations of violent fouls.The main body of this article discusses from the following parts:The first part is an overview of violent foul behavior.The article believes that violent fouls in competitive sports refer to violent actions that exceed the necessary limits and cause serious consequences when athletes deliberately violate the rules of the competition in the competitive competition process.There are four characteristics of violent foul behavior in competitive sports: first,the particularity of the subject and the object;second,the specificity of time and space;third,subjective factors;fourth,the severity of the result.In addition,it also classifies the manifestations of violent foul behavior.The second part is the evaluation and analysis of the crime theory of violent foul behavior.The article believes that the current theories of crimes against violent fouls in academic circles have certain limitations.The "permitted danger theory" confuses "danger" and "actual harm" and has a single measurement standard.The "social equivalence theory" is inherently unstable,and it is difficult to form an objective standard.The "Victim Commitment Theory" equates the victim's "agreeing to bear the possible danger" to "agreeing to bear the actual loss",and the victim has a limited right to promise to give up the benefits.The "State Licensing Theory" only stays at the level of formal violations and does not go deep into the level of substantial violations.The "legitimate business theory" cannot cover amateur sports competitions and malicious attacks.Both the "differentiated treatment theory" and the "multiple guilt theory" try to conceal the flaws of each theory through the superposition of multiple guilt theories,but they still cannot justify violent foul behavior when applied specifically.The third part is the rational analysis of the criminalization of violent fouls in competitive sports.First of all,this behavior has serious social harm and other remedies cannot be fully restrained.The restraint of the criminal law does not violate the principle of restraint of the criminal law and meets the expectations of the public.Secondly,the new criminal policy provides a theoretical basis for criminalization of violent fouls,and the video technology in the arena provides convenient conditions for judicial evidence collection.Finally,in judicial practice in the United States,Britain,Canada and other countries,there have been precedents in which violent fouls in competitive sports have been recognized as crimes,which can be used as a reference for our country.The fourth part is the conception of criminalization of violent fouls in competitive sports.The author proposes to add the crime of violent foul of competitive sports in the criminal law,and put forward the elements of the crime of violent foul.In addition,the article also analyzes the sentencing,and designs provisions for the crime of violent fouls in competitive sports.