民国时期(1912-1949)赛场暴力失范行为“处治”研究

Study on the"Punishment"of Violent Deviant Behaviors in Stadiums during"the Republic of China Period(1912-1949)"

论文主要梳理了民国时期(1912-1949)赛场暴力失范行为的“处治”方式。研究认为:在此期间的赛场暴力失范行为多以体育组织协调解决为主,部分通过法律途径进行解决及“自我承受”,结果不了了之。其中体育组织解决是处理赛场暴力失范事件至为简洁快速的一种方式,但对于双方的约束力极为有限,解决方案的保障力度不强,而通过法律解决虽有国家强制力的支撑,但受困于被告人应对懈怠、耗费时间长等因素致使法律解决在具体实践中难度增加,当体育组织与法律解决两种方式均不能实现时,被伤害人只能被迫自己独立承担利益损失。

The paper mainly surveys the means of punishing violent deviant behaviors in stadiums during the Republic of China period(1912-1949).It is found that the violent deviant behaviors in stadiums during the period were mainly solved through the coordination between sports organizations,and some were solved through legal channels and"self-bearance",but"self-bearance"was left unsettled eventually.Among them,sports organization solution was a simple and fast way to handle violent deviant incidents in stadiums,but the binding force on both parties was extremely limited,and the protective effect of the solution was not strong.Although the legal solution was supported by the national compulsory force,it was subject to such factors as the slack response of defendants,time-consumption,etc.As a result,legal solution was more difficult to function in practice.When neither the coordination between sports organizations nor the legal solution could not be available,the victim could only be forced to bear the loss of his interest alone.