| （School of Law，Southwest University of Political Science and Law，Chongqing 401120，China) Abstract: The criminal identification of sports unlawful infringement behaviors is a problem that has been troubling judicial practice for a long time, whose reason is the lack of a study of obstacles to responsibility. The theory of sports justification is just argumentation carried out at the illegality level, helpless for the study of obstacles to the responsibil-ity of unlawful infringement behaviors, while the responsibility evaluation and social ethic explanation functions of the theory of social equivalence make it become the top choice for studying obstacles to responsibility. Different from tra-ditional obstacles to responsibility, social equivalence does not base the criterion on behaviors, but bases the foundation on behavioral particularity, reflects people’s law emotions and conceptions, and embodies the sports industry’s appeal for counteracting criminal justice’s over protection. However, defects such as ambiguous and variable decide that if this theory is to be actually applied, it must be strictly restricted by scope and condition during abstractive interpretation, or restricted by such 4 dimensions as type, inevitability, ethicality and region during specific identification.
Key words: sports law；sport；unlawful infringement behavior；obstacle to responsibility；social equivalence |
