我国竞技体育中操纵比赛犯罪及对策研究
发布时间：2018-12-13 11:41
【摘要】： 竞技体育作为体育领域的一大分枝,在我国体育界中长期占据重要位置,是我国重点培养发展的体育类型。当前,随着我国竞技体育事业发展速度的加快,以及体育商业化、市场化的转变,竞技体育在多方面的利益驱使下,产生了一些违法乱纪行为,其中最为典型的是操纵比赛犯罪行为。本文从刑法学角度出发,结合我国《体育法》相关法条,阐述了竞技体育中操纵比赛犯罪的三种主要表现形式,其中包括我国特有的犯罪模式“单位犯罪”作为主要研究对象。通过对操纵比赛犯罪的危害性叙述,进而揭示司法介入、以法律手段严惩该类犯罪具有必要性和迫切性。我国应借鉴国外一些发达国家对于预防和打击操纵比赛犯罪的经验,主要在于立法和执法方面的经验借鉴,同时总结出我国在处理该类犯罪时存在的问题和不足之处,取长补短,去粗取精,从法律的角度出发,秉持依法行事原则,密切结合我国的《刑法》和《体育法》,得出适合我国国情的相应对策。通过这些对策研究,以期能减少和避免竞技体育操纵比赛犯罪行为,为我国竞技体育事业的健康有序发展贡献一份力量。
[Abstract]:As a branch of sports field, competitive sports occupies an important position for a long time in the field of sports in China, and it is the type of sports that focuses on the cultivation and development of our country. At present, with the acceleration of the development of competitive sports in our country, as well as the change of commercialization and marketization of sports, competitive sports, driven by various interests, have produced some illegal behaviors. One of the most typical is the crime of rigging the game. From the angle of criminal law, combined with the relevant articles of the Sports Law of our country, this paper expounds three main forms of the crime of competition manipulation in competitive sports, including the unique crime pattern of our country "unit crime" as the main research object. It is necessary and urgent to punish this kind of crime by legal means through the description of its harmfulness and the judicial intervention. Our country should draw lessons from the experience of some developed countries in preventing and combating the rigging crime, mainly in the aspects of legislation and law enforcement, and sum up the problems and shortcomings in dealing with this kind of crime. From the point of view of law, according to the principle of acting according to law and combining the Criminal Law and Sports Law of our country closely, the corresponding countermeasures suitable for the national conditions of our country are obtained. Through the research of these countermeasures, we hope to reduce and avoid the criminal behavior of competitive sports manipulation, and contribute to the healthy and orderly development of competitive sports in China.
【学位授予单位】：武汉体育学院
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D917;D924;D922.16
本文编号：2376477
[Abstract]:As a branch of sports field, competitive sports occupies an important position for a long time in the field of sports in China, and it is the type of sports that focuses on the cultivation and development of our country. At present, with the acceleration of the development of competitive sports in our country, as well as the change of commercialization and marketization of sports, competitive sports, driven by various interests, have produced some illegal behaviors. One of the most typical is the crime of rigging the game. From the angle of criminal law, combined with the relevant articles of the Sports Law of our country, this paper expounds three main forms of the crime of competition manipulation in competitive sports, including the unique crime pattern of our country "unit crime" as the main research object. It is necessary and urgent to punish this kind of crime by legal means through the description of its harmfulness and the judicial intervention. Our country should draw lessons from the experience of some developed countries in preventing and combating the rigging crime, mainly in the aspects of legislation and law enforcement, and sum up the problems and shortcomings in dealing with this kind of crime. From the point of view of law, according to the principle of acting according to law and combining the Criminal Law and Sports Law of our country closely, the corresponding countermeasures suitable for the national conditions of our country are obtained. Through the research of these countermeasures, we hope to reduce and avoid the criminal behavior of competitive sports manipulation, and contribute to the healthy and orderly development of competitive sports in China.
【学位授予单位】：武汉体育学院
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D917;D924;D922.16
【引证文献】
相关硕士学位论文 前2条
1 王雷;我国竞技体育中操纵比赛的成因及规制对策研究[D];南京师范大学;2011年
2 王晓玲;构建操纵比赛罪的相关问题研究[D];山东大学;2012年
，本文编号：2376477
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