With the deepening of sports commercialization，Abuse of stimulants、Gambling、Sports corruption、Sports violence and other sports crimes intensified，Not only does the athletes cause trauma for the physical and mental of the athletes，It also destroys sports order、Is there a sports spirit，and challenged sports governance。And sports governance always adheres to criminal means to be cautious: on the one hand，It is believed that the criminal law does have other laws that cannot be replaced by "rigidity" and forced support; on the other hand,，Think of its applicable standard "strong and rigid"，The special characteristics of not taking care of sports governance。an ideal state is the balance of realizing the benefits of criminal law and sports legal benefits，Under the premise of respecting the particularity of sports，Establish a criminal law "boundary sense"，and complete the dual mission of sports order specifications and criminal law governance。The identification of the benefits of sports criminal law is focused on protecting the spirit of sports，Emphasize "Criminal Law in Sports" rather than "Sports under Criminal Law"。For this，This article explores from the perspective of sports violence crimes。

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First，Dharma recognition is the scope of the criminal law.。The specifications of legal and profit recognition characteristics provide legal value standard for facts evaluation，Whether the facts of the case have infringed the benefits protected by the law，Determine whether it belongs to the category of adjustment of criminal law。So，The concept of "legal and interest" has been popular among scholars in recent years，Even the call to replace "social harm" with "legal and income violations"。This article thinks，The former cannot bet365 live casino games replace the latter，Here you must clarify the difference between the two。When we review the four aspects of the composition of the crime，The status that can be found in the law and interest is essentially close to the criminal object。That is to say，Under the perspective of constituent elements，It can infringement of law and benefits and criminal subjects、Crime subjective、The objective relationship of crime is deemed to be independent of each other。Social harm is different，It is the subject of the crime、Criminal subjective aspect、Objective aspects of crime and criminal objects (that is, the infringement of legal benefits)，Therefore, in the upper position of the violations of legal benefits。So，Social harmfulness and law and interests are the relationship between the overall and part of the part，Social harmfulness involves subjective and objective unity，and the infringement of the legal and interest only involves objective。The evaluation of the facts of the case is exactly an objective process，At this time, the legal and benefit recognition can give full play to its function，Clarify whether the facts of the case are within the boundary of the criminal law。

Second，Dharma identification provides a basis for the composition of crime。At the standard level，Whether it is a double -level structural system for the British and American criminal composition model，or the three -level progressive system composed of German -Japanese crimes，All present a "preconception，Crime "logical order。British and American double -level criminal composition model manifests as a first judge criminal body element (crime)，Refining the full responsibility for the reason (crime)。Germany's three -level crime composition mode is manifested as the compliance of the composition of the composition of the composition first (crime)，Re -evaluate illegality and responsibility (crime)。In the crime composition of our country，Dharma infringement is a clear description of crime illegality，bet365 best casino games Different concepts of social harm，Dharma infringement is obviously an induction that belongs to the essence of crime at the judicial level。The definition of legal interests，It is standardized、Evaluation、Exclusive、The entity。On the one hand，Dharma infringement is the observance of the legal principles of criminal punishment，There are clear restrictions on criminal criminal quantitative punishment; on the other hand,，Dharma infringement has the function of criminal law，Make the concept of crime no longer stay on the surface and be able to penetrate the essence。

Last，French and benefit identification cuts the facts of the case。Judicial Judgment，Must be complex、Surgery of the facts of the extra life，Make it suitable for referee needs。Except for the cutting of the facts of the case，Measurement of the value of legal infringement is also essential。At the legislative level，Social harm is intuitive that it is unable to compare with legal and interest and infringement，After all，Whether the defendant's behavior has caused harm to society than whether it violates its behavior, it is easier to judge。At the judicial level，French and benefits is more alienated with the facts of life，But in the process of turning to the facts of the referee in the facts of the case，However, it can provide a standard for judicial judgments for the judiciary，Acts that do not have legal and interest violations should not be considered a crime。So，French and benefits identification The responsibility of judging the facts of judicial evaluation with the help of crime composition，Provides the construction of the facts of the referee to provide standardized and value support。

　The role of legal benefits in sports violence crimes 

Although this article is based on sports violence crimes，But the current "sports violence crime" in my country is still in a theoretical stage。On the one hand，Should I intervene in the criminal law、How to intervene and the degree of intervention are not said; on the other Bet365 app download hand，In judicial practice, there is no precedent for accountability to account for sports violence。But there is no doubt that，More and more scholars believe that sports violence should be appropriately regulated by criminal law。Sports violence as a "new fact" in the field of social governance，Need to from the principle of legal、Practice needs、Judicial experience、Social ethics, think about its governance path，And the identification of the criminal law and law of law is undoubtedly one of the breakthroughs of its governance。

In sports violent crimes，The legal benefit of the criminal behavior directly violated the physical health of the athletes，Even life is safe。The violations of the law and benefits are the first level of tailoring standards for the case of the case，The factual range of the fact that sports violence enters the vision of criminal law，The definition of subsequent social harm has the role of outlined collar，Subjectives for sports violence、What kind of standards must be achieved to enter the visual field of criminal law specifications。The facts of the case are only legal and interest -oriented，and do not have social harm，Sports autonomy and civil means can meet the governance function，Do not need to use criminal governance methods。So，Fact judgment as the first level，French benefits identification outlines the facts that meet the requirements of the composition，Under abstract legal logic, a preliminary typical description of criminal behavior was completed，Life facts that will not meet the standards of law and interest infringement are also completely excluded from the scope of the application of criminal law。

　　Methods of French benefits in sports violence crimes 

One aspect，The identification of the benefits of sports criminal law shall comprehensively consider the provisions of the Constitution and the Sports Law。The facts layer the facts based on the theory of legal and interest，First of all, there is a clear in response to the legal and interest itself、Specific Bet365 lotto review limited，Prevent its wanton expansion。"Legal benefits" is not a criminal law，Instead, it is a legal word shared by multiple legal departments。"Law and benefits" in the Constitution，refers to the basic principles of the constitution，Protected by the law、Objective life interests that may be infringed or threatened。Among them, the living interests of people protected by the Criminal Law，is the legal benefit in the criminal law。Article 5 of the Constitution，"The People's Republic of China implements the rule of law，Build a socialist country in rule of law "，"No organization or individual may have privileges beyond the Constitution and Law"。This regulation is the constitutional basis for the construction of the rule of law: Any organization or individual in the sports field shall not violate the constitution or law，The laws here should include the Criminal Law and Sports Law。and Article 9 of the New Sports Law，"Carry out and participate in sports activities，It should follow the compliance according to law、Honest and trustworthy、Respect science、Adactions to local conditions、Diligence and frugality、Principles to ensure safety "，Clarifying the leading role of "compliance according to law" for the governance of sports activity。To sum up，Three conclusions: First of all，Citizen's human rights are protected by the Constitution，Athletes are naturally no exception; followed by，The Constitution does not give the sports field to eliminate the privilege of the applicable criminal law;，The application of the criminal law needs to respect the "Sports Law" regulations，The concepts of "competition rules" and "sports ethics" in the "Sports Law" and the principles of "compliance according to law"，It will definitely become an important consideration element for criminal law。

On the other hand，The identification of the benefits of sports criminal law should abide by the principle of legal and modest suppression。As far as the crime is legal,，Dharma infringement as Bet365 lotto review the objective requirements of criminal composition，Of course, we should strictly adhere to this principle。"If the constitutional restrictions on the concept of legal benefits，Mainly inspection and review of criminal legislation，Then the legal principle of criminal punishment is the use of the concept of legal and interest in the judicial field，I made a clear empirical limit。"So，Facts in the judicial referee of sports violence crimes，It should not be survived by the standardization of criminal law。This means that under the existing criminal law system structure，Explore whether sports violence constitutes a crime、What crime is constituent，instead of setting up another new crime to solve the problem of how sports violence is enrolled。As far as the principle of humility and suppression，The judicial determination of the infringement of the law and interest should be kept cautiously restrained。The biggest obstacle to criminal law involved in sports violence is lies in the vitality that affects sports activities，and this corresponds to the field of criminal law，is the phenomenon of "expansion of criminal law"，Therefore, the factual construction needs to be balanced with the legislative humility。Protection of legal benefits，The criminal law should be ranked at the end of the law，that is when the legal benefits are infringed，First of all, you should consider using other departments to solve it，Like Civil Law、Administrative Law and other means，When other laws are not enough to complete the protection tasks of legal benefits，and the legal and interest must be protected，Criminal Law can be started。

In short，The diversity of sports competition is reflected in the subject、Type、Rules、Technology and other aspects，This diversity is also constantly challenging the governance of criminal law。Criminal Law as the final line of defense of social governance，Its rigorousness does be separated from sports freedom，Therefore, the theoretical research and bet365 Play online games practice exploration should be paid to，Build a set of legitimacy、compliance、Reasonable Sports Criminal Law Bidding Recognition Method，This is also the only way to realize the governance of the law and build a sports power。

　 (The author is the deputy director of the Institute of Government Government Governance and Public Policy Evaluation of Tianjin Academy of Social Sciences、Associate Researcher)