Discussion On The Criminal Liability For Injury In Competitive Sport

Competitive sports behaviors exist in life or personal injury of high risk,in the event of injury,whether this behavior should be subject to criminal law may appear the problem of the evaluation? Whether damage behavior of competitive sports has been evaluated the possibility and necessity for the crime? There are different opinions on the theory.Definitely said that competitive sports as a social activity should be under the overall law regulates,practices that harm arising in the course of competitive sports can’t exclude the possibility that criminal law applicable;Negative thought,based on the competitive sports itself has the danger of quality,should be given free development space,the criminal law should not take the initiative to step in.In theory there is a legitimate business,and said,the victim pledged as well as social rather say theory to explain the damage behavior of competitive sports crimes,in view of the above theory,this paper based on the purpose of the rules of the game and foul minor behavior and based on other purposes in violation of the crime of cause person damage behavior in the survey.At the same time,in view of the intentional violation faults cause person damage from theoretical basis,analyze the realistic foundation,under the condition of the meet certain conditions,for this behavior into sin.In the implementation of sports autonomy at the same time,the criminal law intervention or public power authority intervention to limit the scope of shrinkage,delimit the boundary is the sports industry development demand.In order to achieve the balance between the freedom of individual participation in sports activities and the proper intervention of public power,it is necessary under the background of positive view of the criminal law,the right amount on the legislative and judicial supplement,both for the sports industry keep the space of freedom,autonomy,can also provide criminal relief when necessary.