Regulatory Dilemmas and Extraterritorial Examination of the Criminal Law Regime of"Manipulation of Sports Competitions through Bribery":Focusing on Sections 265c-265e of the German Penal Code
Sports carry important social values and contain huge economic and commercial interests.In the face of the frequent occurrence of"manipulating sports competitions through bribery"in China's practice,the existing criminal law is facing a regulatory dilemma that cannot be ignored.A critical examination of the mature experience of the development of German sports criminal law has explanatory value for China's theoretical research and judi-cial practice.Due to the differences between criminal law provisions of China and Germany,there are no loopholes in the Chinese criminal law to punish bribery in sport,so there is no need to add new laws.With the help of Luh-mann's social systems theory,we can learn from Germany's understanding of the legal interests infringed by sports bribery as"sports integrity",i.e.,the independence and autonomy of sports as a separate socially function-ing subsystem in the sense of"operational closure".To achieve a complete and comprehensive normative evalua-tion,China should focus on the use of typological thinking to distinguish between the relevant phenomena and the identity of the subject.Based on the bribery offence system of China's Criminal Law and the new Sports Law,a two-tier regulatory framework can be constructed to properly regulate the acts of bribery and sports internal viola-tions that constitute crimes.Based on systemic requirements,the general rules of doctrinal interpretation of bribery offences should be applied to the specific context of sports bribery,a process that can also serve as a reverse test.
bribery in sportcompetition manipulationsports bettingmatch fixingsocial functional system
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