简论黑哨犯罪的定性及其应对建议

Analysis on the Nature and Ways of Settlement of "Match Fixing"

关于黑哨问题的争论到目前为止仍没有得出一个明确的定论,本文从犯罪主体角度出发,试提出对黑哨问题的个人看法。笔者认为黑哨裁判员的行为已经触犯了刑法,其身份和执法的性质决定了其行为的公务性,因此应当以受贿罪定罪和处罚。

There is no specific definition on the controversy of ＂match fixing＂ until now. The author tries to propose some personal viewpoints of this problem from the angle of subject of crime. The author holds that the judgers who fix the match has violated the criminal law, his identity and the nature of executing the law decide impartiality of his behavior, thereafter the criminal should be convicted and punished as the crime of bribery.