| （School of Law，South China Normal University，Guangzhou 510006，China） Abstract: In recent years, with the booming of world competitive sports, the behaviors of excessive violence in competitive sports occurred from time to time, and their social hazardness is becoming perceivable. As a big nation of competitive sports, the United States and Canada have unique understanding about and experiences in determin-ing the nature of and penalties for excessive violence, their ways to deal with such behaviors include legislation, case law and league. Criminal prosecution of the behaviors of excessive violence in sports is feasible, but will en-counter substantial obstacles, which include conceptional obstacles and constitutional obstacles, in which the big-gest obstacle is the “principle of consent”. Consent as a ground for defense can effectively exclude criminal liabili-ties. In China, there is no unified standard for dealing with such behaviors. By referring to the experiences of the United States and Canada, the author proposed that China should make improvements gradually in 4 aspects, i.e. perfecting sport specific legislation, intensifying jurisdiction, promoting the autonomy of sports leagues, and strengthening the scientific study of competition rules.
Key words: sport law；excessive violence；competitive sports；ground for defense；USA；Canada |
