刑法规制体育竞技伤害行为的限度与范围

The limit and range of criminal regulation on competitive sports injurious behaviour

刑法介入体育竞技伤害行为的限度应以促进体育竞技健康发展为宗旨,以刑法干预最低限度为原则。其介入范围应分类而定,对于与体育竞技关联伤害行为应全面"入罪",基于比赛目的且犯规的伤害行为应部分"入罪",基于其他目的且犯规的恶意伤害行为应全面"入罪"。其刑事责任的承担也应区别对待。

The limits of criminal law intervention in competitive sports injurious behavior should aim at promoting the healthy development of competitive sports and follow the principle of minimum in-tervention.The intervening ranges shall be classified as follows:injurious behaviors associating with competitive sports shall be determined as crimes;injurious and foul behaviors based on the game ob-jective partly as crimes and those malicious injurious behaviors based on other purposes as crimes. The assumption of criminal liability shall also be treated differently.