The Research Of Evidence Rules Of Court Of Arbitration For Sport In Doping Case

The court of arbitration for sport is praised as the "supreme court of world sport".It’s arbitation rules are important source of referece for the rules of sport arbitrationagency of other country and sport organization, but the research of the evidence rulesof the court of arbitation for sport is deficiency in the theoretical circles of ourcountry.As the evidence rule is the soul of the procedure and the doping case is themost important sport case, and evidence rules in the doping arbitration case have veryimportant research value and are the indispensible part of the sport arbitrationresearch, the thesis of the article is what are the main evidence rule applying to thedoping case hearing by the court of arbitration for sport and there are any defect inthese rules and how to improve them.The evidence rules applying to the doping case hearing by the court of arbitrationfor sport have characteristics of the flexibility like the evidence rules in thecommercial arbitration﹑the non-obligatory distincting from the evidence rule in thelitigation and the nature similarity to the evidence rules in the other sport arbitrationcase. The reason they have those characteristics are that the court of arbitration forsport is based on the principal of respecting the sport autonomy, seeks to theefficiency of hearing and aims at attack the doping behavior when it hearing thedoping case. But these are easy to violate the human right of the athletes and are notfavor to the protection of the public interests. This article has analyzed severalproblem resolving way which is deserve to reference, and based on this, it putsforward that it should reconstruct the legal basis of the evidence rules applying to thedoping case hearing by the court of arbitration and proposes the whole reformingthought of the evidence rules based on the new legal basis. The whole reformingthought is that creats special evidence rules which are differ from the rules in the othersport dispute case, expands the arbitrators discrection power in evidence problem,takes the supporting measure like establishing arbitation watching orgnization and theguarantee system of the game and the expert helping system.Under these ideas, the artical further points out the specific problem in theevidence rules applying to the doping case hearing by the court of arbitration andsuggests several reforming propsals, including expanding the disclosure scope of theevidence and creating the evidence obtaining rules based on the limited evidence disclosure, enhancing the athlete’s ability to abtain the help of expert,using theexclusionary rule of illegally obtained evidence and expert evidence adoptingevidence to regulate the use of evidence. At the same time, in the respect of evidenceevalution, it should enhance the utilizing of the circumstantial evidenceinnon-analytical positives case and use the athlete biological passport evidenceprudently.Up on above all, the author ultimately drafts out the recommended arbitationevidence rules applying in doping case in the court of arbitration for sport, and hopesfurther improving the doping disputes reslovtion procedure.