With the deepening of sports commercialization,stimulant abuse、Betting、Corruption in sports、Sports violence and other sports crimes are becoming more and more serious,Not only caused physical and mental trauma to athletes,Also destroyed the order of sports、Unsportsmanlike,And launched a challenge to sports governance。Sports governance has always been cautious about criminal methods: on the one hand,believes that criminal law does have "rigidity" and coercive guarantees that cannot be replaced by other laws;On the other hand,Considers that its applicable standards are “strong and rigid”,Failed to take into account the particularity of sports governance。An ideal state is to achieve a balance between criminal law interests and sports law interests,On the premise of respecting the special nature of sports,Establishing a "sense of boundaries" in criminal law,And complete the dual missions of sports order regulation and criminal law crime management。The identification bet365 casino bonus in sports criminal law focuses on protecting the sports spirit,Emphasis on “criminal law in sports” rather than “sports under criminal law”。To this,This article explores violent crime in sports from the perspective。
The criminal law function of bet365 casino bonus interest identification
First,Legal interest identification clarifies the scope of criminal law application。The normative characteristics of legal interest identification provide a legal value standard for the evaluation of facts,Whether the interests protected by law are infringed upon based on the facts of the case,Determine whether it falls within the scope of adjustment of criminal law。Therefore,The concept of "infringement bet365 casino bonus" has been widely favored by scholars in recent years,There are even calls for replacing “social harm” with “legal infringement”。This article thinks,The former cannot replace the latter,It is necessary to clarify the difference between the two。When we look at the four aspects of the elements that constitute a crime,It can be found that the infringement status bet365 casino bonus is essentially close to the object of crime。In other words,From the perspective of constituent elements,Can infringe legal interests and criminal subjects、Criminal Subjectivity、The objective relationship between crimes is regarded as an independent parallel relationship。The social harm is different,It is made by the criminal subject、Subjective aspects of crime、Determined by many aspects such as the objective aspects of the crime and the object of the crime (i.e. the infringement bet365 casino bonus),Therefore, it is in a position of infringement bet365 casino bonus。Therefore,Social harm and legal interest infringement are a relationship between the whole and parts,Social harm involves the unity of subjectivity and objectivity,The infringement bet365 casino bonus only involves objective matters。The evaluation of the facts of the case is precisely an objective process,At this time, legal interest identification can fully exert its function,Clear whether the facts of the case are within the applicable boundaries of criminal law。
Secondly,Legal interest identification provides the basis for the composition of crime。At the normative level,Whether it is the dual-level structure system of the British and American crime composition models,Or the three-level progressive system composed of German and Japanese crimes,Both show a kind of "prior guilt,The logical sequence of committing another crime。The two-level crime constitution model in Britain and the United States is to first determine the essential elements of the crime (criminalization),Re-evaluation of sufficient reasons for responsibility (guilty)。The three-level crime constitution model in Germany and Japan is to first determine the compliance of the constituent elements (incrimination),Re-evaluate the illegality and responsibility (guilt)。In the composition of crimes in our country,The infringement bet365 casino bonus is a clear description of the illegality of crime,Different from the concept of social harm,The infringement bet365 casino bonus is obviously a summary of the nature of crime at the judicial level。Definition bet365 casino bonus,is normative、Evaluative、Exclusive、Entity。On the one hand,The infringement bet365 casino bonus is the observance of the principle of statutory crime and punishment,There are clear restrictive rules for the conviction and sentencing of criminal acts;On the other hand,The infringement bet365 casino bonus has the function of interpreting criminal law,So that the concept of crime no longer stays on the surface but can go deep into the essence。
Finally,The legal interest identification has tailored the facts of the case。Under judicial review,Must be complicated、Cut out unnecessary life facts,Make it suitable for referee needs。Except for the tailoring of case facts by evidence,The value measurement of the infringement bet365 casino bonus is also essential。At the legislative level,The harm to society is intuitive and incomparable to the infringement bet365 casino bonus,After all,Whether the defendant’s behavior has caused harm to society is far easier to judge than whether his behavior infringes upon legal interests。At the judicial level,The infringement bet365 casino bonus is relatively alienated from the facts of life,But in the process of transforming case facts into judicial facts,But it can provide a standard for judicial judgment,That is, behavior that does not infringe legal interests should not be considered a crime。Therefore,Legal interest identification assumes the responsibility of judicially evaluating facts with the help of criminal composition,Provides normative and value support for the construction of adjudication facts。
The role of bet365 casino bonus interest identification in violent sports crimes
Although this article takes sports violent crimes as the research object,But the current “violent sports crime” in our country is still at a theoretical stage。On the one hand,Should criminal law intervene、There is no general explanation on how to intervene and the extent of intervention;On the other hand,In judicial practice, there is no precedent for accountability for sports violence in our country。But there is no doubt that,More and more scholars believe that sports violence should be regulated by appropriate criminal laws。Sports violence as a “new fact” in the field of social governance,Need to follow legal principles、Practical needs、Judicial experience、Think about its governance path from social ethics and other aspects,The identification bet365 casino bonus in criminal law is undoubtedly one of the breakthroughs in its governance。
In violent sports crimes,The legal interest directly infringed by criminal acts is the physical health of athletes,Even life safety。Use the infringement bet365 casino bonus as the first-level criterion for tailoring the facts of the case,Be able to roughly outline the factual scope of sports violence entering the scope of criminal law,The definition of subsequent social harm plays an outlining role,That is, the subjectivity of sports violence、What objective standards must be met to enter the scope of criminal law norms。If the facts of the case are only infringing upon legal interests,On the whole, it is not harmful to society,The governance function can be satisfied by using sports autonomy and civil means,There is no need to use criminal governance methods。Therefore,As the first level of factual judgment,Legal interest identification outlines the facts that meet the constituent requirements,Complete a preliminary typical description of criminal behavior under abstract legal logic,Also completely exclude life facts that do not meet the standard of infringement bet365 casino bonus from the scope of application of criminal law。
Methods for identifying bet365 casino bonus in violent sports crimes
On the one hand,The identification bet365 casino bonus in sports criminal law should comprehensively consider the provisions of the Constitution and the Sports Law。Layering facts based on legal interest theory,First of all, we should have a clear understanding of the legal interests themselves、Specific limitations,Prevent its wanton expansion。“Legal interests” are not unique to criminal law,It is a legal term shared by multiple legal departments。“Legal Interests” in the Constitution,Refers to the basic principles of the Constitution,Protected by law、People’s life interests that may be objectively infringed or threatened。People’s life interests protected by criminal law,It is the legal interest in criminal law。Article 5 of the Constitution,“The People’s Republic of China implements the rule of law,Building a socialist country under the rule of law”,“No organization or individual may have privileges beyond the constitution and law”。This provision is the constitutional basis for the construction of the rule of law in sports: no organization or individual in the field of sports may violate the constitution or the law,The laws here should include the Criminal Code and the Sports Law。Article 9 of the new Sports Law,“Carry out and participate in sports activities,Should comply with laws and regulations、Honest and trustworthy、Respect science、Adapt measures to local conditions、Diligence and thrift、Principles of ensuring safety”,Clearly clarified the guiding role of “lawful compliance” in the management of sports activities。To sum up,Three conclusions can be drawn: first,Citizens’ human rights are protected by the Constitution,Athletes are no exception;Secondly,The Constitution does not grant the sports field the privilege to exclude the application of criminal law;final,The application of criminal law needs to respect the provisions of the Sports Law,Concepts such as "competition rules" and "sports ethics" in the "Sports Law" and the principle of "compliance with the law",It will definitely become an important consideration in the application of criminal law。
On the other hand,The identification bet365 casino bonus in sports criminal law should abide by the legality of crime and punishment and the principle of modesty。So far as the crime is statutory,Infringement bet365 casino bonus as an object element of crime,Of course this principle should be strictly adhered to。“If we talk about the limitations of the Constitution on the concept bet365 casino bonus,Mainly the inspection and review of criminal legislation,Then the principle of legality of crime and punishment is the application of the concept bet365 casino bonus in the judicial field,Make clear empirical restrictions。”Therefore,Fact construction in judicial adjudication of sports violent crimes,Should not exceed the normative application of criminal law。This means that it should be within the existing criminal law system,Exploring whether sports violence constitutes a crime、What is the crime?,Instead of setting up a new crime to solve the problem of how to criminalize sports violence。As far as the principle of modesty is concerned,We should maintain a prudent and restrained attitude towards judicial determination of the infringement bet365 casino bonus。The biggest obstacle for criminal law to intervene in the management of sports violence is that it affects the vitality of sports activities,And this corresponds to the field of criminal law,It is the phenomenon of "expansion of criminal law",Therefore, fact construction needs to be balanced with legislative modesty。Protection bet365 casino bonus,Criminal law should be ranked last among all laws,When legal interests are infringed,First of all, we should consider using other departmental methods to solve it,Such as civil law、Administrative law and other means,When other laws are insufficient to protect legal interests,When legal interests must be protected,Criminal law can be activated。
In short,The diversity of sports competition is reflected in the subject、Type、Rules、Technology and other aspects,This diversity is also constantly posing challenges to criminal law governance。Criminal law as the last line of defense for social governance,The rigor is indeed contrary to the freedom of sports,Therefore, we must pay equal attention to theoretical research and practical exploration,Construct a legal set、Compliance、Reasonable method for identifying bet365 casino bonus in sports criminal law,This is also the only way to achieve legal governance and build a sports power。
(The author is deputy director bet365 casino bonus Institute of Governmental Governance and Public Policy Evaluation, Tianjin Academy of Social Sciences、Associate Researcher)
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