The criminal law regulation of audio-visual bootlegging behavior from sports events in digital times: Necessary proof, classification analysis and implementation path ZHOU Yanfeng，WANG Zhen
(1.Teaching and Research Office of Basketball，Guangzhou Sport University，Guangzhou 510500，China；2.School of Physical Education，Shenzhen University，Shenzhen 518061，China)Abstract:The research on the criminal law regulation of the audio-visual bootlegging behavior from sports events could better protect the legitimate interests of event organizers and authorized producers, and also maintain the fair competition order in the sports media market. The study finds that even though the copyright law, anti-unfair competition law, civil and commercial law and other non-criminal means could also save the legitimate rights and interests of the victims to a certain extent, due to the low technical threshold and rich illegal profits, the effect of bootlegging is gradually weak, and it is impossible to attain reasonable punishment and effective prevention for those behaviors, which makes it ripe for criminal law to intervene in the regulation of this. The research suggests that if the criminal law regulation expects to achieve good effect, on the one hand, it is necessary to conduct an analysis of the composition of crimes so that clarifying the charges constituted by different types of behavior and then achieving accurate conviction from that. On the other hand, it is imperative to properly explain the applicable issues about accusations such as "retroactivity", "discretion of the number of crimes", "the principal offence of helping behavior", so as to achieve a reasonable sentencing
Keywords: sports law；sports events；audio-visual bootlegging behavior；accusation determination；criminal law regulation
