Discussion On The Criminal Law’s Restriction On Competitive Sports

The Olympic Games has more than one hundred years of history. Competitive sports also experience100years of development. Today, the high degree of competitive sports business is unprecedented, which caused competitive sports criminal or quasi-criminal as much as unprecedented. At present, our academics always fail to reach consensus on whether the criminal law should be involved in the field of sports. Because the sports industry is very special, many scholars believe that "black behavior" in the field of sports should be handled internally by the sports industry, and should not be regulated by the criminal law. However, the intension of match-fixing, Whistle, stimulants violations and the failure of internal punishment in the field of sports indicate that the criminal law should be involved in sports immediately. This paper attempts to start from the point of the legal status of the competitive sports and the criminal problems in it to analyze the issues such as "black whistle","doping" and "violence" in China. This paper focuses on the specific discussion of the special performance and regulation of these three competitive sports by means of the references of other countries in the world, in order to give the intervention of the criminal law to this field a hand in theory. The writer divided this paper into the following four parts:The first part of this paper is legal implications of competitive sports and their social status. This part mainly discusses the legal meaning of competitive sports, and its own characteristics and social status, in order to pave the way for Criminal Law involving in competitive sports. The second part is the problem of criminal Law in competitive sports and the necessity of Criminal Regulation. This part focuses on the problems which appear in the table when Criminal Law involved in the field of competitive sports and the necessity and feasibility of the application of Criminal Law. The first part and the second part can be seen as the general part of this article. It provided a theoretical groundwork and support for single crime analysis. The third part is the main manifestation of serious harm behavior in athletic sports of China. In this section, the author present the most common crimes in athletic sports, such as "black whistle"、"stimulants" and "violence" to do a specific analysis of this three types of violations. The fourth part is the draw of borrowing ideas from other Countries and the thought of regulating the field of sports by Criminal Law. This section is on the basis of theoretical analysis of the third part of "black whistle’、"stimulants" and "violence" to think about the Criminal Law regulating those three violations. These two parts can be regarded as point part of this article. It is a theory of crime on the basis of trying to find out the starting point and the road for regulating sports by Criminal Laws in China.