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The Theory Of Liability Principles In Doping Violations Processing

Posted on:2017-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:B B GuFull Text:PDF
GTID:2296330488970394Subject:Law
Abstract/Summary:PDF Full Text Request
Doping is the evils in competitive spoit.In order to eliminate this kind of phenomenon, the world anti-doping agency has laid out an iron fist. On the major form of doping violations-positive doping tests on the handling of the strict liability applicable to the world anti-doping agency drew question, is considered "too harsh". Meanwhile, the theoretical circle for its scope of application also have different opinions. In the face of people questioned about strict liability, the world anti-doping agency in the world anti-doping regulations increased in personal punishment phase of fault liability clause, to protect individual rights and interests for athletes to provide a strong guarantee.Allowing athletes to defend, by the athletes party to prove their "without fault or negligence" and "without a major fault or gross negligence", and according to the proof, in accordance with the proportion of corresponding responsibilities decided to athletes.This article has four parts. In the first chapter makes a brief review of the case, and put forward the issue of this case. The second Chapter made the definition of the concept for doping violations, and to determine the doping violation and for doping violations, the difference between them were analyzed.The third chapter discusses the principle of strict liability in doping violations, and according to the regulation of the world anti-doping regulations and international sports arbitration court case, put forward that strict liability is applicable to confirm that violate the rules, in the penalty phase for fault liability.This clear demarcation, will make the boundary of the theory to explore more clear.The fourth chapter firstly illustrates the meaning of fault liability and its regulation.The regulations to prove to reach the extent to which there is no specific requirement, therefore, this chapter focuses on case analysis, to prove to the treatment of "special case" to display and comb, hoping to mastery of regulations require for people to provide the beneficial reference.
Keywords/Search Tags:anti-doping rule violations, strict liability, fault liability
PDF Full Text Request
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