| （School of Law，Renmin University of China，Beijing 100872，China) Abstract: Competitive sports are often accompanied by violence, thus cause personal injury; it is significant to ra-tionally determine the boundary of the criminal law intervening in sports violence. How to get balance between the high risks of competitive sports and the safety requirements of the criminal law order is an issue to be solved; Chi-nese scholars valued the basic principles for the criminal law intervening in sports violence, but lacked specific standards; foreign research focused more on specific standards, but failed to consider competition and safety con-currently. In terms of basic principle, the criminal law boundary of sports violence should be defined based on social correspondence, by turning individual legitimate reasons into general legitimate grounds; in terms of specific stan-dard, the standard of “the objective expectation of sports rules” should be established on the basis of existing re-search, so as to consider competition and safety concurrently to the maximum extent.
Key words: sports law；sports violence；criminal law intervention；legitimation；sports rule；objective expectation；social correspondence |
