Ideal Model for Criminal Regulation of Sports Manipulation
Match-fixing in sports can be divided into core actions such as biased officiating and match-fixing itself,and peripheral actions such as betting and bribery.Foreign laws exhibit single-layer regulatory model,which only regulates peripheral actions,as well as dual-layer regulatory model,which regulates both peripheral and core actions.The dual-layer regulatory model can more effectively curb the manipulation of sports competitions and is worth considering by the legislators in China.Within the dual-layer regulatory framework,the mainstream legislative proposals in China support the"manipulation behavior model."However,this model is questionable as it does not distinguish between the actors involved,and the concept of manipulative behavior does not meet the requirements of clarity and practicality.The classified regulatory thinking and influencing behavior model reflected in Article 265d of the German Criminal Code offers significant reference value.In drafting legislation,influencing behavior should be made the core element of the offense,and distinctions should be made based on the different identities of the subjects,distinguishing between methods of influencing the outcome or process of a competition,while setting a relatively low statutory penalty.
crime of manipulating sports competitiondual-layer regulatory modelmanipulative behavior modelclassified regulatory thinkinginfluencing behavior model
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