竞技体育过失伤害行为的分类解析与刑法考察

Classification of Negligent Injury in Competitive Sports and Its Criminal Law Observation

现阶段我国竞技体育过失犯罪的研究存在两个问题。第一,未对竞技体育中的过失行为作出类型化的分析。第二,未在类型分析的基础上对罪亦或非罪作出详细的论证考察。竞技体育过失行为的类型分为:竞技比赛过失行为、竞训监管过失行为。竞技比赛过失行为中纯粹的竞赛过失伤害行为非罪,其符合刑法谦抑性的原理,满足责任能力减弱的条件,基于竞技体育本体的要求;而故意违反竞技规则的过失伤害行为因违反注意义务,不存在责任能力减弱情形,违反竞技体育精神,应当定罪处罚。竞训监管过失行为应当定罪处罚,因其具有现实依据、法律依据、理论依据。

There are two problems in the research of negligent crimes in China＇ s competitive sports, one of which is the failure to analyze the types of such crimes, the other is the failure to provide detailed demonstration of crime or noncrime based on the analysis of the types. The criminal negligence in China＇ s competitive sports is divided into competition negligence behavior and supervisory negligence. Pure negligent injury in competitions is non- crime which is in line the modest and restrained principle in criminal law, meeting the condition of weakened responsibility ability. Injury behavior deriving from deliberate violation of sports rules is entitled to no weakened responsibility ability and should be punished.