Research On The Use Of Dope In The Field Of Sports In China

The anti-doping system in our country ranges from the control of the production,sale and retail of dope to the prevention and control of dope violations,to the detection and inspection of dope,and to punishment of dope violations.Detailed regulations are exhaustive.However,the legal effect is not satisfactory.The incidents in which Chinese athletes are involved in dope still occur from time to time.According to the data released by the National Center for Doping,there were 30 dope violations in 2015,58 in 2016,118 positive cases in 2017,and 69 violations.It can be seen that the abuse of dope in the sports field in China is still severe.If you want to effectively stop the abuse of dope,first of all,you should analyze the behaviors of the actor who knows that the abuse of dope violates the rules and the risks are still being used riskily.Only in this way can solve the dope abuse problems.The reasons for the abuse of dope are mainly divided into three levels:the temptation of huge economic benefits;the probability of detection using dope is very small;even if detected,but the punishment is small and the cost of illegality is low,and the reasons for the first and second levels It exists objectively and will always exist.Therefore,it is only possible to start with the reasons of the third level,that is,to increase penalties.In fact,there are provisions in China's administrative regulations that criminalize the violation of dope.However,because of the gap in the criminal legislation of dope,these administrative regulations cannot be implemented and cannot fulfill the deterrent effect of criminal law.Therefore,the abuse of dope is resolved.The issue awaits the involvement of criminal law.The doping of dope in both theoretical and judicial practice is necessary and feasible.The use of dope in sports has serious social harmful effects.Now that legislation cannot regulate them effectively,criminal law as a last resort must be involved in the regulation of dope.In addition,dope is eligible for the constitutional spirit of "protecting the healthy development of childcare services".In the academic circles and sports circles,the suggestion that doping abuse should be included in criminal law regulation is increasing.Furthermore,foreign advanced criminal legislation can be used for reference.For example,Italy and Germany have achieved very Good control results,so it is also feasible for China to include the use of dope into criminal law.In the legislative design of criminaliz dope,it is proposed to add an "abuse of dope" offence in the form of an amendment to the criminal law to include illicit manufacture,trafficking,import,and transport of dope and to control the source of dope.For the athletes' voluntary use of dope,the common multi-issues of incitement,inducement,deception,organization,coercion,and dope dosing must also be included in the criminal law system.