司法介入我国职业足球裁判员商业贿赂的路径分析

Analysis on Legal Intervention into the Commercial Bribery of Chinese Professional Soccer Referees

从法律角度分析了我国职业足球裁判员在执法过程中收受贿赂的"违法"现象以及司法介入职业足球的法律依据和介入程序问题。表明我国现有法律包括世界多数国家对于竞技体育传统规制鞭长莫及,关键在于足球裁判身份特殊性,既非国家公务人员,又非公司、企业人员,只隶属国家足协的合同聘任工作人员,将受贿行为归属于商业贿赂有些欠妥,依我国现行法律,足球裁判员尚不能构成商业贿赂罪。当前相关法律不健全和滞后造成司法介入的困难,有必要加强法律修正,完善受贿罪的主体范围,司法介入才顺理成章。

In the thesis the briberies cases that involved Chinese professional soccer referees was analyzed from the legal prescription.It was accompanied by relevant legal basis and legal procedure which might be quoted in the process of judicial intervention.It was found that to get under legal control the competitive sports is far beyond what the existing law system,even laws conducted worldwide could have done.The key problem lies in fact that the soccer referees boast of special identity which enable them to be neither national administrative staff nor working staff in enterprises.These referees are just,on the contractual basis,subject to the Chinese Football Association.Thus,it would be improper to qualify the bribes behind the pitch to be commercial bribery.This practice meanwhile is in agreement with Chinese laws,the immatureness of which makes the legal intervention impossible.It is therefore quite urgent to perfect and strengthen the law,especially extend the legal scope for bribery,giving chances for legal intervention to have its say.