| （School of Law，South China Normal University，Guangzhou 510006，China） Abstract: The grounds for excluding the criminality of sports competition induced damaging behaviors should not be limited to “legitimatized grounds”, but should also include such three types of grounds as the grounds for ex-cluding important constitutive conditions, the grounds for excluding illegal acts and the grounds for excluding li-abilities, so as to adapt to different circumstances of competition induced damaging behaviors. The conformity of important constitutive conditions of a contesting competition induced minor injury causing behavior can be ex-cluded due to “victim commitments”; the conformity of important constitutive conditions of a non contesting com-petition induced casualty causing behavior can be excluded due to “self taken risks”; the illegality of a contesting competition induced (major) casualty causing behavior can be excluded due to “legitimate business behavior” if such a behavior is not a foul, or can still be excluded or liability mitigated due to the lack of liability ability, inten-tional negligence or possibility of expectation if such a behavior is a foul.
Key words: sport laws；competition induced damaging behavior；criminality exclusion；exclusion of the conformity of important constitutive conditions |
