Reflection on the Criminalization of Match-Fixing from the Perspective of System Theory of Law
The controversy surrounding the criminalization of match-fixing is essentially a typical manifestation of the contradiction between positive and negative perspectives on criminal legislation.System theory of law avoids the difficulty of value selection and instead seeks a new paradigm for resolving this contradiction from a functionalist perspective.It can provide a new logical and regulatory framework for the criminal legislation of match-fixing.Based on the closure of the criminal law subsystem,the existing criminal law system serves as a self-referential reference within the criminal law subsystem.Many serious instances of match-fixing behavior have not been fully evaluated under the current criminal law system of China.Sports integrity can serve as a medium for"structural coupling"between the constitutional subsystem and the criminal law subsystem,as well as other subsystems such as the sports system,becoming the legally protected interest in the crime of match-fixing.Therefore,it is necessary to establish the crime of match-fixing in China.However,as sports integrity is a collective interest,the method of determining its severe infringement or threatened infringement differs from that of other interests.This implies that careful restrictions must be placed on the objective aspect of the crime of match-fixing to comply with the constitutional principle of proportionality.
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