操纵体育比赛罪的增设及其展开

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中图分类号:G80-051 文献标识码:A 文章编号:1006-2076(2026)02-0067-10
Abstract: Manipulating sports competitions seriously threatens the foundation the sustainable development the sports industry.Introducing criminal sanctions to regulate such conduct has become a common consensus in the global sports governance field.Thepractice criminalregulation theact manipulating sportscompetitions in China mainly relies on indirect regulatory measures via charges such as extortion,bribery,gambling, obstruction doping management.Although these measures have achieved positive phased results,they fail to address the root causes the problem,thereby triggering theoreticaldebates in theacademic communityregarding whether to add the crime manipulating sports competitions.This study argues that adding the crime manipulating sports competitions is highlynecessry feasible.Firstly,in light thecurrentobjectivesituation high-qualitydevelopment sportseconomy the constitutional position the state in developing sports,the protected legal interest the crime manipulating sports competitions should be clearly defined as the sports economic order.Secondly,giventhe collective legal interest atribute the sportseconomicorder thecumulativedangerousnature theact manipulating sports competitions,inorder toavoid the inappropriateexpansion the scope application this crime,itsconstituent elements must be strictly limited.Specificall,the criminal purpose the crime manipulating sports competitions is to seek economic benefits,theobjectthecrime is limitedto majorintermational domestic sports events, thecriminalacts specifically include coercive manipulation,bribery manipulation, fraudulent manipulation.Finally,toeectivelyexerttheregulatoryeectthecrimemanipulatingsportscompetitions,itis necessary to reasonably apply criminal incentive measures, at the same time,complement them with supporting systems such as the matory reporting obligation sports event organizers regarding the act manipulating sports competitions soas to effectivelyresolve the practical dilemma dificult verification theact manipulating sports competitions.
Key words:crime sports competition manipulation;sports economicorder;competition economy;collective lega interest;cumulative infringement;matory reporting
操纵体育比赛是两千多年以来最古老的体育腐败现象之一[1]。(剩余18778字)