大型体育赛事反恐维安责任制度的刑法思考

Criminal Law Thinking on the Anti-Terrorism and Security Protection Responsibility System for Large Sports Events

明确大型体育赛事反恐维安刑事责任与义务是防治体育赛事恐怖主义犯罪的有力抓手。大型体育赛事中安全防范主体反恐维安的义务与一般安全防范义务存在本质区别,然而相关刑事立法尚未对此进行深层规制,导致法律之间衔接不恰,定罪量刑失衡。因此,厘清大型体育赛事反恐维安责任主体,明辨反恐维安责任和一般安全防范责任,审慎架构刑事责任追究机制,是顺应新时代国家治理现代化和法治化要求,进一步完善恐怖主义犯罪防控体系,确保大型体育赛事安全有序的有效对策。

Clarifying the criminal responsibilities and obligations for fighting terrorism and ensuring security in large sports events is a powerful weapon for effectively preventing and controlling terrorist crimes in sports events.There are essential differences between the anti-terrorism and security protection obligations in large sports events and the general security protection obligations in ordinary events.However,the relevant criminal legislation has not provided in-depth regulation for this,resulting in the improper connection between laws and the imbalance of conviction and sentencing.Therefore,clearly identifying the parties taking the anti-terrorism and security protection responsibility in large sports events,distinguishing the responsibility with the ordinary security protection responsibility,and prudently creating the criminal responsibility investigation mechanism are effective measures to further improve the prevention and control system for fighting terrorist crimes and ensuring security and order of large sports events in accordance with the requirements of modernizing China’s governance and making it law-based in the new era.