Research On The Criminal Law Regulation Of E-sports Match-fixin

It is necessary to use criminal law to regulate match-fixing in E-sport in China.On the one hand,from the necessity point of view,the behavior of match-fixing in e-sport has serious social harm.The fair competition order and commercial order of the infringer’s E-sports is a behavior with serious social harm.At the same time,due to insufficient legislative regulations on match-fixing in E-sport,the current norms cannot protect the legal interests of E-sports and accurately evaluate match-fixing in E-sport.This leads to judicial practice’s handling of match-fixing in E-sport being suspected of being unjustified,which is manifested in the insufficient range of existing charges and the mismatch between criminal responsibilities and punishments;On the other hand,from the perspective of legitimacy,whether it is from the perspective of infringement of legal interests or from the perspective of normative violations,it can be argued that match-fixing in E-sport have substantial illegality.At the same time,the construction of criminal law norms for match-fixing in E-sport is based on the insufficient legislative regulation of current match-fixing in E-sport behavior,and will not expand the scope and degree of punishment.Therefore,it can be said that this legislative act is in line with the modesty of criminal law.Furthermore,Germany and South Korea,as the countries that own the most developed sports legal systems in the world,have rich regulatory experience in match-fixing in E-sport.Their excellent experience and practices are worth learning from in China,especially in protecting the legal interests of E-sport and ensuring supporting measures for sports legislation.These two practices are in line with the current situation and national conditions of the criminal law regulation of E-sport in China.Therefore,it can be said that Legislative act of criminal regulations for match-fixing in E-sport can effectively curb the behavior of E-sport fake matches.So how should we construct the criminal law norms for E-sport fake matches?If it wants to add new charges,the first step is to establish their legal interests.In terms of match-fixing in E-sport,the legal interest infringed upon is the order of fair competition.Secondly,to add new charges,its specific extension and scope should be clarified.The false competition of E-sport is a formal national sports event,so the addition of "crime of manipulating sports matches" instead of "crime of false competition of E-sport" can not only cover the extension and scope of false competition of E-sport,but also have forward-looking legislation.Finally,based on legal interests,we will standardize the construction and punishment allocation of the crime of manipulating sports competitions.In addition,proposing suggestions to ensure the implementation of the "crime of manipulating sports matches" is conducive to the implementation effect of the new crime and effectively curbs the false competition of E-sport.