足球场上遭遇恶意犯规怎么办？律师解读霸凌式防守的法律边界与维权路径

Recently, renowned football manager José Mourinho publicly stated that opposing teams have been taking turns committing fouls against Real Madrid player Vinícius during matches, even remarking that we are still living in an era of bullying. These remarks quickly sparked widespread discussion in the sports community, reigniting debates about malicious fouls on the football pitch. Setting aside tactics and competition, from a legal perspective, when an athlete suffers violent aggression beyond reasonable physical contact during a match, must they simply endure it in silence? The answer is clearly no. This article will analyze the legal risks and avenues for seeking redress behind malicious fouls from a lawyer's perspective, drawing on the Civil Code and relevant judicial practice.

Event Recap: Vinícius Frequently Fouls, Mourinho Speaks Out in Condemnation

In a recent European football match, Real Madrid winger Vinícius became the primary target of the opposition's defensive focus. According to incomplete statistics, he was fouled at least several times during the game, and after being brought down on multiple occasions, the referee only awarded ordinary fouls. Mourinho commented on this, saying that the opponents were taking turns kicking Vinícius, and that football still seems to be in an era of bullying.

This phenomenon is not an isolated case. Vinícius has faced similar difficulties in multiple previous seasons, and even once drew global attention due to racist incidents. Mourinho's remarks have led the public to re-examine violent behavior on the football pitch: when a foul goes beyond the technical realm and escalates into deliberate harm targeting a person, can the law step in?

From a professional perspective, fouls in football matches are typically handled by referees according to competition rules, but if the conduct reaches the level of infringement stipulated in criminal or civil law, sports rules do not exempt legal liability. In recent years, cases have emerged both domestically and internationally where athletes have been prosecuted for violent acts on the field, and the legal boundaries have gradually become clearer.

Legal Analysis: Civil and Criminal Liability Involving Malicious Fouls

Civil Tort: Applicability of Article 1165 of the Civil Code

Article 1165 of the Civil Code stipulates that a person who causes damage to the civil rights and interests of another through fault shall bear tort liability. In football matches, athletes have a duty to tolerate injuries that may result from reasonable physical challenges, but malicious fouls constitute wrongful conduct beyond the scope of the sport.

Using Vinícius being repeatedly fouled as an example, if the defender's action constitutes intentional harm rather than a challenge for the ball, it may amount to a tort. The victim can claim compensation for medical expenses, lost wages, and damages for emotional distress. In judicial practice, courts typically consider the risks inherent in the sport, the intent behind the foul, and the severity of the injury.

In 2021, an incident occurred in a domestic professional league where a player maliciously stomped on an opponent. After the victim filed a lawsuit, the court determined that the offending player had committed gross negligence and ordered compensation for medical expenses and emotional distress. This has provided a reference for similar cases.

Criminal Liability: The Bottom Line of the Crime of Intentional Injury

If malicious foul play causes serious injury or death to an opponent, the perpetrator may violate Article 234 of the Criminal Law, constituting the crime of intentional injury. Sports competition cannot serve as a ground for exemption from criminal liability, especially when the foul action clearly violates sports ethics and the perpetrator has subjective intent to cause harm.

For example, during the 2014 FIFA World Cup in Brazil, Neymar suffered a fractured vertebra after a knee strike from Zúñiga. Although no criminal charges were pursued, if this had occurred domestically and the injury assessment reached minor injury or above, public security authorities could initiate a case based on their authority.

Practical Perspective: Difficulties and Strategies in Athletes' Rights Protection

Evidence preservation is the core.

For athletes or clubs seeking to protect their rights, the first priority is to preserve evidence. Video replays, referee reports, medical records, and expert testimony are all crucial. Especially in high-level competitions, multi-camera broadcast footage can clearly reconstruct foul actions, so an application for evidence preservation should be filed immediately.

Sports arbitration and civil litigation operate in parallel as dual tracks.

FIFA and UEFA have disciplinary committees that can impose additional suspension penalties for malicious fouls. However, disciplinary sanctions do not preclude civil claims. Victims may file a separate civil lawsuit after sports arbitration. Domestically, the Chinese Football Association's disciplinary regulations also stipulate that players can file appeals against malicious fouls, but civil compensation still needs to be resolved through the courts.

### Breakthrough in Compensation for Mental Distress

Traditionally, sports injury cases have rarely supported compensation for mental distress, but in recent years the judicial trend has become more open. If malicious fouls are accompanied by elements such as discrimination or humiliation—like the racial abuse Vinícius experienced—the victim may claim broader damages for emotional harm.

Legal Insights: How Can Ordinary People Respond to Sports Violence?

This incident is not only relevant to professional players but also serves as a warning for amateur football enthusiasts. In grassroots football matches, incidents such as malicious tackles and elbow strikes occur frequently. The injured often consider themselves unlucky, but in reality, they can seek legal recourse to protect their rights.

First, before participating in contact sports, it is recommended to purchase sports accident insurance. Second, seek medical attention immediately after an injury and keep medical records, while also finding eyewitnesses. If the injury is severe, you may report it to the police, and the public security authorities will commission an assessment. Finally, consult a professional lawyer to evaluate who bears the tort liability—whether it is the individual who caused the harm or the event organizer for failing to fulfill their duty of safety protection.

Guangdong Zhiming Law Firm has long focused on sports legal affairs and has represented multiple personal injury compensation cases involving athletes. We recommend that both professional players and amateur enthusiasts should be aware of legal remedies, ensuring that those who commit malicious fouls pay the due price, rather than remaining stuck in the sighs of a bullying era.

The passion of sports competition should not serve as a cover for violence. The involvement of the law is not an interference with the game, but a safeguard for fundamental personal rights. When the referee's whistle fails to stop malice, the law should serve as the last line of defense.