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Of The Regulations Of Criminal Law Against Doping Offences

Posted on:2011-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z P XieFull Text:PDF
GTID:2166330332464497Subject:International law
Abstract/Summary:PDF Full Text Request
Doping offences refers to the illicit activity of the athlete misusing or possessing or others who producing or preparing, importing and exporting or preparing, selling, procuring, spreading or preparing, giving, or engaging in any other similar activity with the intention on competitive sports. The Anti-Doping Code of PRC which went into effect from the date of march 1,2004,firstly provides that a person who takes actions which involves in doping offences shall be punished , however ,it haven't mentioned in the criminal law at yet. Though it is already a fact of the penalization of doping offences in many countries of Europe, it is still a disputable question in Common -Law System and China, deserving to be researched in depth. This thesis itself focuses on the criminal control of doping offences over the tendency of penalization in doping penalty from international and comparative views. In order to resolve this problem at last, we should use foreign counties'criminal law for reference based on problem of rationality and social foundation of penalization in doping penalty.Criminal regulation is the major study scopes of criminal law since last century. The strictness of penalty to doping offences is much stronger than other means of social control as such as suspension. As the regulations of doping penalties of IOC being perfected, the definition of doping and the actions of misuse doping comes clear step by step, and most countries share this view now. With the rapidly development of world sports, the criminal legislation of civil-law countries in doping offences which strewn world each has its own distinguishing features under the influence of IOC and WADA. As one link of whole criminal events, after all, the punishment is not only a post measure, but also the last choice. So, it means we should make comparison with various national laws when we criminalize the action. As the party of a series of international treaties on anti-doping, we can legislate for some special actions involved in misusing doping by prescribing the crime of doping offences as the typical omission, which defends some special legal interests, and improve the existing legal system of anti-doping further.
Keywords/Search Tags:Doping Offences, Rationality, Ends, Social Foundation, Criminal Legislation
PDF Full Text Request
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