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Research on Sports unfair competition

Author: HuangWu ZhangChongGuang From: www.yourpaper.net Posted: 2010-05-31 07:50:11 Read:
Keywords: the     sports; unfair competition; fair competition order sports
Abstract: sports is an important part of modern social life, competition is a sign of physical characteristics.Fair competition is the basic rule of sports, the fair competition right is the athletes, coaches, sports groups enjoy the most basic rights, is also the most basic obligations to fulfill.Study and analysis is given on the unfair competition behavior in sports, and puts forward the corresponding measures.
As China's market economic system, in the field of sports competition, commercial factors such as sports serious erosion of sports competition, corruption, resort to deceit, doping, behind the deal, black whistle and other irregularities increasingly spread, making fair in sports competition position was shaken, even hinders the healthy development of sports.
acts of unfair competition sports competition in the definition of
What is unfair competition (Unfaircompetition)? Unfair competition is the essence of "unfair competition", the title of international general, also used by some international authoritative legal documents and legal writings.Of course, the connotation and denotation of unfair competition, a variety of claims.In this regard, the legislation and academic explanation is not the same.In the world, the explanation is not consistent.For example: "Paris Convention on protection of industrial property" that: "anyone who violates the honest practices in business affairs in the competition acts constitute unfair competition behavior."This view of the Paris convention has been recognized in most countries, and in general on competitive terms are taken a definition of the same or similar.
In our country, generally, the unfair competition is relative to the legitimate competition, its essence is a violation of "honesty and credit" principle, in violation of "honest trade practice", the result is damage to other operators and the legitimate rights and interests of consumers, disturb the social economic order, is a kind of behavior of trapped at home are prohibited by law.Therefore, the definition of unfair competition, should reflect its essential characteristics.In view of this, the unfair competition is defined as: participation competitors violate the voluntary, fair and honest credit principle, damage the legitimate rights and interests of other competitors and in violation of the law.
But the unfair competitive behavior in sports competition refers to any organization or individual, in violation of the basic principles of competition in sports fair competition and the relevant laws and regulations, to resort to deceit, engage in malpractices for selfish ends and other improper means of competition, damage the legitimate rights and interests of other sports competition behavior.The legitimate rights and interests of the relative party athletes, coaches, including sports groups of fair competition right and the right of reputation, due for promotion right, medals, trophies, bonus and other personal rights and property rights, but also violates the audience's right to know.
Is generally believed that the unfair competition is divided into the following three aspects: (1) the unfair competition behavior in general.Mainly refers to the use of illegal means in the competition, the principle of fair competition in violation of the provisions of the laws and regulations of the.Such as: taking stimulants in the game.This classification is from common sense, scattered in various acts of unfair competition.(2) to limit competition behavior.Is the behavior of limiting competition in a variety of means to block rival in the competition, is not always illegal behavior.According to whether the violation of law can be divided into restrictive competition behavior legal and illegal restriction of competition, such as restrictions on the former players eligible to participate, the latter for athletes or teams distinction.Among them, restrict competition behavior legally sometimes is not reasonable, it is easy to be abused as unfair competition tool in the actual operation, it should be to treat.But the competition is not legitimate and sometimes as it cannot be helped, has its rationality, such as more stringent restrictions on some regular fraud, false entries.It is not lump together, one-sided view of restrictive competition behavior.(3) monopoly and competition.Today our country sports competition is restricted by the unified management, no commercial completely, therefore widely exists monopoly competition, on the law does not deny.Such as: China's football league.However, we should see the monopoly nature, it will reduce and restrict competition, easily induced corruption, is a violation of the rationality of fair competition.In order to ensure the fairness and justice of sports competition, and promote the healthy development of sports undertakings, must be limited to the monopoly and competition in the legislation in the future.
Elements of the 1 acts of unfair competition
Like other behavior, this article considers unfair competition consists of four elements: subject, acts of unfair competition, the subjective aspects of object, objective aspect.Define a behavior whether the acts of unfair competition, must also have the four elements.
The 1.1 main acts of unfair competition
Subject to acts of unfair competition, refers to any organizations and individuals in sports competition.Including athletes, coaches, referees, sports officials, team doctor, sports scientific research personnel and the sports organizations and groups.They are usually direct participant behavior, but also the stakeholders.Among them, the different behavior can only be completed by different subjects.Such as: the bribery subject can only be engaged in the public affairs of the state in the state organs staff.The use of illicit drugs is the main participating in or is prepared to participate in major sports athletes, indication, abetting, coercion or deception using coaches, sports officials and team doctor.
The subjective aspect of the 1.2 acts of unfair competition:
Unfair competition acts subjectively often deliberately, but can also be negligent in special circumstances.Such as: for bribery, bribery caused by the subjective aspect can law enforcement injustice is intentional, can not be a fault.As for the subjective aspect of taking illegal drugs in general is deliberately.Athletes, coaches, managers and the interest of people affected by the great spiritual and material interests of the temptation, at the expense of laws, regulations and the moral behind, rush into danger.But there are also a few is fooled, deceived, such as athletes, coaches or ignorance of the true, the doctor secretly operation, or due to illness, cold careless taking caused by drugs containing contraband medicine component.
The object infringed 1.3 acts of unfair competition:
Refers to the protection by the sports legislation in China and the relevant legislation of the normal sports competition order, economic relations and social relations.It is a violation of unfair competition behavior of fair sports competition order make it become the object of law must be specified.
Objective 1.4 acts of unfair competition:
The objective fact characteristics caused by protecting the competitors in violation of laws and regulations, competition order.This is the external manifestation of unfair competition.Is an important factor in defining the act of unfair competition.Such as: the objective aspect of drug use behavior is illegal use of athletes to participate in important sports competition opportunity, taking illegal drugs in order to defeat the opponent gets the honor and interests.The objective aspects of bribery referee referee is taking advantage of his position, illegally soliciting or illegally accept others' (party) money, for themselves, but also to seek illegitimate interests for others to act.
2 kinds of acts of unfair competition
Basic definition of acts of unfair competition in the above, the following will classify the acts of unfair competition.
2.1 and the contestants for individual acts of unfair competition, the relevant
2.1.1 players on the age, weight, resort to deceit
The real age hide athletes, let the young players to participate in the youth games, let the adult players to participate in the Youth Games is not just a trick of the actors.Because of the differences of physiological development, let the high age group of players to participate in the low age group game, of course easy to win the match, this is obviously an unfair competitive behavior.There are such as boxing, weightlifting, by improper means, concealment, false players weight also violates the principle of fair competition.
2.1.2 in sex of substitution
Gender differences on the male and female athletes in the physical endurance, flexibility, speed, resisting ability, mental capacity, and there is a larger difference.So let the male athletes for female athlete of the project, of course easy to win the match.
Taking illegal drugs in 2.1.3 match
Doping and illicit drugs can enhance the physical and mental ability in the competition, so the competition show excitement stronger.This behavior is typical of the acts of unfair competition, will be cast aside in the international sports competition.Stimulants not impair fair competition, but also brings bad effect to the health of athletes.According to statistics, 6) (in the abuse of amphetamines and other drugs, directly or indirectly, death 3 people (athletes).
2.2 breach of competition rules related to acts of unfair competition
2.2.1 theft, leakage of sports information, technology (violations of sports competitive secret secret) refers to the right to take security measures and is not known to the public, can bring economic benefits to the athletic sports managers or to qualify, and technical information utility and practical tactics.Generally speaking, it includes athlete's technical expertise and weakness points
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