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A Study On The Legal System Of Anti-Doping In France

Posted on:2019-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:K X PanFull Text:PDF
GTID:2416330548482166Subject:International law
Abstract/Summary:PDF Full Text Request
France's anti-doping legal system is established in accordance with the framework of the World Anti-Doping regulations,but it has its own characteristics in the aspects of institutional setting,legal norms,applicable principles,detection procedures,punishment measures,and relief procedures.The main body of the French anti-doping legal system is the French anti-doping administration,which is a rare national anti-doping agency in Europe and the United States.The legal norm for solving the doping problem in France is the Anti-Doping and Protection of athletes Health Act,the provisions of which are consistent in principle with the World Anti-Doping regulations,but there are specific applicable provisions which are different.From the point of view of protecting athletes,France attaches great importance to the complement of "principle of proportion" to "principle of strict liability".In doping testing,France has repeatedly used the controversial biological passport-a new test method.In the aspect of punishment,compared with the World Anti-Doping regulations,although the types of punishment are consistent with the regulations,they also recognize the effectiveness of alternative punishment measures.In terms of relief procedures,France does not have a special court to deal with doping cases,but it provides that disputes in doping cases may be carried out by the parties after the necessary mediation and arbitration proceedings.The French Anti Doping legal system has both advantages and some problems.Compared with the World Anti Doping Agency,France's Anti Doping legal system has created a problem of unclear management authority at the same time,while in coordination with other institutions.Compared with the world anti stimulant regulation,the Anti Doping and protection campaign The law of health is more important in protecting the rights and interests of athletes,but the protection of the rights and interests of the athletes makes its procedures slightly rigid in its operation.In the application of the principle,the limitation of the application of "strict liability"in France is too short for the justice of the case.In the pursuit of the most scientific and accurate detection methods,dispute detection methods are frequently used,which makes the conclusions of some cases controversial.In terms of penalties,France's protection of the rights and interests of athletes also led to heavy penalties light situation.In terms of relief procedures,France has diversified relief procedures,but at the same time the procedures are slightly lengthy.These problems can be improved from three aspects:improving independence,regulating the operation of procedure to improve efficiency and balancing case justice and overall justice.
Keywords/Search Tags:Protection of athletes' rights and interests, doping testing, evidence rules, dispute resolution mechanism
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