体育暴力中刑法介入的边界

The boundary of criminal law intervention in sports violence

竞技体育往往伴随暴力而造成人身伤害,合理确定刑法介入体育暴力的边界具有重要意义。如何在竞技体育的高风险性与刑法秩序的安全要求之间获得平衡是亟待解决的问题,我国学者注重刑法介入体育暴力的基本原则,却缺乏具体标准;域外探讨侧重于具体标准,却难以兼顾竞技与安全。就基本原则而言,应由个别的正当化事由转向一般的正当化根据,以社会相当性来划定体育暴力的刑法边界;就具体标准而言,应在现有研究基础上建构"运动规则的客观预期"标准,最大限度地兼顾竞技与安全。

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.