(华南师范大学 法学院,广东 广州 510006) 摘 要:在研究竞技体育犯罪时,应明确竞技体育犯罪与刑法中普通犯罪的区别;将黑哨假球现象纳入《体育法》,并与《刑法》有效衔接;区别体育博彩和赌博,依据《刑法》打击赌球行为;在我国的反兴奋剂法律体系中强化和细化刑事法律制约机制;应建立犯罪控制与预防机制对付观众赛场暴力;应协调行业法规与刑事法律对付运动员的赛场暴力;对违规取得竞赛资格、体育经纪行为越轨等可能涉及犯罪的问题展开进一步研究。 |
HUANG Li,LONG Yu-mei
(School of Law,South China Normal University,Guangzhou 510006,China) Abstract: In the study of competitive sports crimes, the differences between competitive sports crimes and ordinary crimes in the criminal law should be clarified; such signs as black whistle and false ball should be included in the Sports Law, and effectively connected to the Criminal Law; sports lottery and gambling should be differentiated, and ball gambling acts should be cracked down according to the Criminal Law; in the anti-doping legal system of China, the criminal and legal restraining mechanism should be strengthened and refined; a criminal control and prevention mechanism should be established in order to deal with venue audience violence; industrial regulations and criminal laws should be coordinated in order to deal with venue athlete violence; crime possibly involved issues such as acquir-ing the qualification for a competition by violating rules and illegal sports broker acts should be further studied. |
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