(a) view of sports academic disputes

The concept of competitive sports violence criminal law definition, no one involved in sports circles, many scholars put forward their own views, but the concept is not consistent, "sports violence", "stadium violence", "game violence" this kind of appellation. Overall, the scholars on the concept of competitive sports violence, has not yet reached a clear consensus, there are the following views: the first view, the construction of sports violence can be divided into physical violence and destructive physical violence two. Destructive physical violence is divided into sports violence, violence and violent three mixed stands. Violence in sports refers to the sports participants, namely the athletes, to participate in the competition, with the other players, coaches and referees of physical violence; violence is caused by the audience when watching a game of physical violence; mixed violence in sports, in between the station and stadium violence is violence, behavior of spectators and athletes, coaches and referees have.[1]The second view, fans and players of violating personal, property, and emotional aspects of non rational behavior, even for the sports concept misunderstanding and misleading and any buying, aggression, deviation and distort the concept of sports should be called the violence. Similarly, in accordance with its connotation can be the stadium violence into deviance, deviance and crime.[2]The third view, the crowd (also known as the stadium violence) is a kind of passion crime. Passion is a more intense, explosive, temporary mood. Joy, anger, fear, etc. are the manifestation of passion.[3]The fourth view, violence in competitive sports, may occur in the arena, may also occur in the arena; which may occur in the athletic personnel (including athletes, referees, managers), may also occur in competitive staff and non athletic personnel (the audience), even between pure non athletic personnel. According to the severity of behavioral plot, the stadium violence behavior is divided into three categories: acts of violence, violation of ethics generally illegal acts of violence and violent crime.[4]The fifth view, the stadium violence refers to the process of competitive sports activities, based on the implementation of intentional act, collision or other acts causing harm behavior beyond the scope permitted by social risk. Specifically, the stadium violence behavior include the following meanings: from the stadium violence situation, must be in a competitive game in the process of behavior; from the object of violence in sport, including both cause a player to player's injury, including athletes to the audience, the audience for athletes to damage; from the injury time, must be caused in the course of the game injury; from the analysis of subjective psychological violence, this field must be a behavior intentionally psychology based on the implementation of the.[5]

(two) the theoretical and empirical basis for the definition of concept

In this study, is to reach the extent of crime, violence needs to be regulated by the criminal law of the competitive sports. There will be violence in competitive sports is regarded as a crime, to study the connotation of the concept it is what? What are the elements? Therefore, the academic concept of violence in competitive sports and sports we defined different theoretical and empirical evidence, we define the concept of the following.

1, theoretical basis

(1) the level of social harmfulness

Beccaria pointed out: "what is the true measure of crime, the crime of endangering the society."[6]Social harmfulness crime of endangering the society suffered from the crime, is refers to the behavior characteristics on criminal law protection of social relations caused or may cause such damage. The difference between crime and ethics violations is the behavior has no harm to society, the difference between crime and illegal behavior in social harmfulness behavior has no serious degree. Acts with serious social harm is the essential feature of a crime. Unified social harmfulness should be understood as the objective elements, the first is behavior causing the damage of material or immaterial society, this caused the objective harm behavior is subjective, and will be the dominant, is the subjective malignant performance. According to the degree of harm done to society, we can not have social harmfulness of ethics violations violence and social harmfulness degree is slight general illegal acts of violence, excluded from the concept of competitive sports violence, and from the social harm of violent crime of serious for competitive sports violence boundary. In the specific definition of competitive sports violence elements, we will encounter such problems: the subjective aspects of human behavior is intentional or negligent, or both? Behavior harm result Is it right? Can include minor injuries, serious injury, death three cases? To solve these problems, only the principle of social harmfulness scientific conclusion.

2.  The principle of restraining criminal law

The basic meaning of the principle of presumption of innocence is, only when the departments of law are not sufficient to protect a law, by the criminal law protection; only when the departments of law is not enough to curb some kind of harm behavior, the criminal law prohibited. "Limit the punishment should be indented, not expanded, and the punishment should the state for 'last resort to the protection of legal interests and to maintain the order of the tasks' (ultima ratio). Can not use the penalty, but by other means can also to maintain the order of society and the protection of society and the individual law profit purposes, it must abandon the means of penalty."[7]Competitive sports have their own trade rules, athletes in violation of the regulations of competitive sports, competitive sports activities will be related to organizers, managers, such as suspension penalty sanctions. In addition, but also through the civil procedure that allows the player to bear civil liability, the victim receive reasonable compensation. Therefore, according to the principles of criminal law, inappropriate behavior industry rules or other legal department can be fully adjusted and standardized, should not be included in the category of competitive sports violence. In addition, the elements of competitive sports violence, such as the legitimate competition and the subjective aspects of defining, the modesty principle we should use criminal law.

2, empirical evidence

Some scholars have pointed out, "the state should take the criminal law as the best way to promote long-term interests, must make the criminal law to get public recognition."[8]To give the criminal law regulation on physical violence, we must understand in the public mind to physical violence is what kind of behavior. Based on this consideration, we organized a sports violence, social investigation, the survey included students, college students, the Department of justice law school staff, sports management, athletes, the social public these six different types of social groups. On the competitive sports violence meaning definition of cognition is an important content of the questionnaire. We 285 questionnaires on the recovery of statistical analysis, the survey results showed that: 63.1% of the people think that the physical violence, in competitive sports; the vast majority of people think that physical violence, the place is not in the arena, the time will not be in the non competition period; an average of 93.5% of the people think, scope of sports violence is between athletes; the average 67% of the people think that the implementation of physical violence of the subjective state of mind is deliberately. The result of the survey shows the public understanding of physical violence is the empirical basis, we define the concept of competitive sports violence.

(three) the concept of competitive sports violence in criminal law

We believe that the violence in criminal law, sports, refers to the legitimate confrontational sports venues in the game, the game, the time, the player for the purpose of the game, intentional foul exceeds the limits of necessity, intentionally cause aggressive behavior on the other side players injured or killed. The criminal law in the form of competitive sports violence, need to have the following conditions.

1, the premise: physical violence in the proper rivalry in sports activities

Competitive sports into skills competitive and confrontational sport, the former such as gymnastics, diving, weightlifting, table tennis, football, basketball, the latter as boxing, fencing etc.. In competitive sport games, violent collision both sides will inevitably have physical. In the fierce confrontation, may be a player intentionally contrary cause the other player injuries or death situation. Therefore, physical violence can only occur in antagonistic sports activities. In the skills of the game, players compete against or not, by its own high difficulty movement, or although have same confrontation, but the two sides have no direct physical contact. Therefore, physical violence does not occur in this type of competitive sports activities.

Physical violence must occur in proper sports game. If it is not proper sports game, such as the two sides to solve personal, meet than a sword duel, a party to the other party directly killed or wounded, according to the general crime of intentional injury[9]Or the crime of intentional homicide to pursue to criminal responsibility, there is no physical violence problem. A range of legitimate sports, disputed in the academe. Some scholars think, the so-called legitimate sports game includes two meanings: (1) the game must be through the state or the relevant sports organizations (including the International Sports Association) to confirm the event. For example, after International Olympic Committee determined the Olympic Games or by the State Sports General Administration to determine the national games. (2) the game must be the relevant sports institutions or the relevant authority formally organized games, such as the Olympic Games, World Cup football, League A and CUBA.[10]Other scholars think, this view is too limiting the scope of fair play, as long as the game as accepted by the general concept, does not violate the general requirements of social ethics, is not explicitly prohibit the law, even though the law does not expressly permits, also belong to the legitimate competition.[11]We are in favor of the former point of view, there are two reasons. The scope of fair play, directly affects the establishment of the scope of sports violence. According to this idea, in addition to the official confirmation and organisation of the games, some folk design, make the rules of competition, such as wrestling match, as is a legitimate game. Just when the match over wide range will lead to violence in sport generalization. We study the violence in criminal law of sports, is the special character of this kind of behavior based, effective punishment and the regulation. According to the principles of criminal law, scope can't we defined physical violence is too wide, it will lose the meaning of its unique regulation. Secondly, some scholars have pointed out, competitive sports crime refers to a certain level of formal, organized, a single or multi sports event in the amateur nature, rather than units to the organization's criminal activities. Only there is a real confrontation, interests and social recognition problem in formal sports, so that there may be competitive sports crime.[12]Since sports crime circumstances should strictly be defined, as the violence in competitive sports crime of competitive sports, no exception principle.

2, the main conditions: physical violence between the two players in athletes

The main body of sports violence must be involved in the game players. One, engaged in the business, only the specific subject to engage in specific business, can constitute a specific crime, and vice versa. For example, only state approved medical personnel to engage in medical activities, their behavior can be called the medical behavior, is only possible because of serious irresponsibility and the crime of medical accident. Without obtaining the qualification of doctor of medicine, its behavior cannot be called the medical behavior, if serious, will constitute the crime of illegal medical practice. Similarly, to set up physical violence, the behavior should be the first sports behavior, while the main sports behavior is the only contestant. Substitute players before the game, or after the player was substituted, because they did not participate in the competition, the implementation of the behavior is not a competitive sport behavior, naturally can not constitute physical violence. Coach, referee, the audience's duty is not directly involved in the game, their behavior is not a sport behavior, they can not become the subject of physical violence. Practice has players attack the referee or fans, fans beat the fight between athletes and referees and fans, though they are related to the competition, but because both sides behavior occurred in the game, not the sports behavior, so it is not physical violence. Secondly, the position of different subjects in sports, athletes is the most important part of competitive sports, only through the good performance of the athletes to show the charm of sports game. The coach, referee, the audience is also a part of the competitive sports, but they are not essential, games can still be made without their.

Notable is, physical violence can only occur between athletes both in the competition, because only in both players exist between the fierce competition and confrontation, between one player is the relationship of unity and cooperation, if the participating athletes to peer in the arena of dissatisfaction, beating fellow caused the injury, the their behavior according to the general crime of intentional injury treatment can be, do not constitute physical violence.

3, conditions of time and space: physical violence in the game time, game

As mentioned before, to set up physical violence, the behavior should be the first sports behavior, and only in the game time, the venue both offensive player, defensive behavior can be regarded as sports behavior, so the physical violence can only occur in the match time, venue. If a player in the game before the start of the game, the rest time or after the game hurt each other, the act does not constitute a physical violence. For example, football players in the game when he kicked the ball off to the other side of the body and lead to other injured, boxer has announced a victory at the referee, continue to fight the opponent caused by injury, these actions are not physical violence. In addition, the sports venues in general no special restrictions, but must be consistent with the requirements of the game, for the game. Typically, dangerous game bigger, more strict requirements on the site. For example, the International Amateur Boxing Association (AIBA), international boxing championships, the Olympic boxing, boxing world cup and other international competition boxing shall not exceed the maximum 6.10 square meters, boxing match in general can be 4.90 square metres to 6.10 square metres. Game with the boxing table must be solid, smooth and stable, there can be no obstacle on the table, there are 1.5 cm to 2 cm thick blanket or a rubber pad to the table, moderate hardness. Table surface of the canvas to pull is fixed, flat surface, easy to athletes in the table do any action.

4, the subjective conditions: the behavior must to match for the purpose, intentional fouls and the harm caused by the results of a deliberate mental attitude

According to the different sports scholars to aggressive behavior in sports, the attack behavior into hostile aggression and instrumental aggression. The main goal of hostile aggression is hurting others, causing the pain and discomfort, the attacker I often show anger, vindictive. Instrumental aggression is aggressive behavior unique to humans, the purpose is not for man, but rewarded and harvest, the purpose may be to strive for the victory of the match, has money reward. Aggressive behavior as a means to an end, the objective was achieved after will strengthen the attack behavior.[13]Hostile aggression behavior is not the purpose of the game, but intentionally hurt each other, such as "Tyson bit the ear" event, the behavior is beyond the sports category, damage results ranging from sports organizations shall be punished, while the general crime of intentional injuries. Instrumental aggression behavior is to match, the behavior is the sports behavior, in line with other conditions, aggression behavior constitutes physical violence. Therefore, the establishment of sport violent behavior, the behavior must to match for the purpose.

In sports game, one player for the purpose of the contest, each other casualties, the subjective aspect, there are four types: normal abide by the rules of the game and the other casualties, the subjective intention is neither non fault; fault foul and casualty; intentional foul, but the results of casualties occurred for negligence; intentional foul and casualty results occurred also deliberately. The first case reflects the violent nature of competitive sports, the behavior is proper behavior. As for the latter three cases can be established physical violence, in the premise of harm results are given, we need to examine the subjective evil can make the social harmfulness behavior to serious degree, combined with the modest principle of criminal law to determine. The author thinks, second, third, the act of the game objective and subjective malignant small, acts harmful to society is not serious, still belongs to the sports ethics can regulation by category, sports organizations to ban, fines or by the court to bear civil liability, criminal law is not necessary intervention. In fourth cases, the perpetrator deliberately illegal, and hold the hope or laissez faire attitude of casualty results, this is a kind of serious violations of sports moral behavior, simply by the sports organizations to give punishment has not to contain the effect, the behavior of social harm is serious enough to require the use of criminal law to punish degree. Therefore, the sport of violence, the subjective to foul and harm results to be are deliberately.

5, limit conditions: foul behavior person exceeds the limits of necessity, cause great damage

In line with other conditions, foul exceeds the limits of necessity and caused heavy damage results must have at the same time, can constitute the physical violence.

First of all, the sport of violence, violation behavior must exceed the limits of necessity. The specific rules of competitive sports athletes must abide by the norms of behavior in the process of the game, but violate the rules of the game behavior is not necessarily physical violence. "Part of the game violations tend to belong to the competitive sports cannot be separated, violations increase stimulation and exciting game. No violation of the rules of the game behavior of the game is Don't Get Around Much Anymore, is not the true sense of the game."[14]Foul general indispensable to match. In the game, one side in order to win the game often take some foul tactics, let the interruption of the game, the opponent existing space, the number of advantages all gone. Therefore, ordinary fouls may not constitute physical violence, physical violence is only more than a foul necessary limit. Exceeds the limits of necessity and a serious foul, beyond the normal range of sports competition, can not be regarded as a part of the game. For example, in a football match, endanger other security from behind the interception and action should be considered as a serious foul. In the boxing match, players hit each other head belongs to the serious foul. Serious foul play in a different game performance is not a, this be determined according to the nature of the game and the rules of the game to the concrete.

Secondly, the sport of violence, violation behavior must be caused significant damage results. Major damage results here generally refers to cause serious injury or death of the victim. If the cause is a slight injury, should be in accordance with the provisions of the penal code article thirteenth but not in accordance with the crime; if the cause is light injuries, because the behavior is for legitimate purposes of the game, less harmful to society behavior, in principle should not be investigated for criminal responsibility. "However, the only basis not only to the objective results of damage size is major damage as the major damage, it should be combined with the game features to judge. The game more risk, constitute a significant harm to the so-called standard is higher."[15](published with Wu Yuping in 2010 third,)