A Study On The Problem Of Fault Determination In Non-Positive Doping Cases

With the continuous development and upgrading of athletes' use of banned substances and methods in sports competition,non-positive doping violations have attracted much attention in recent years.In non-positive doping cases,there is often no positive test result of athletes' biological samples.In such cases,sports arbitration institutions determine that athletes constitute doping violation mainly on the basis of other evidence,such as athletes' admission,witness testimony and documentary evidence.This is the fundamental difference between non-positive doping cases and positive doping cases.Starting from this fundamental difference,we analyze the subjective fault of athletes,and find that the fault theory in non-positive doping cases has the common characteristics of the fault theory in other types of doping cases,such as the concept and form division of fault and the application of the rule of inversion of burden of proof.But in the issue of fault determination,nonpositive doping cases has their particularity,which is that In the determination of athletes' faults by sports arbitration institutions,they largely rely on the evidence based on which athletes are determined to constitute doping violations,whether it is cases involving direct evidence,cases involving athletes' abnormal biological passport indicators,or cases involving a variety of indirect evidence.By consulting and analyzing the relevant typical cases of the international court of arbitration for sport,it can be found that there are many problems in the fault determination of non-positive doping cases.First of all,although the rule of inversion of burden of proof is upheld by the relevant provisions of the current World Anti-doping Code in nonpositive doping violation cases,it is found that the application of inversion of burden of proof is not conducive to the investigation of athletes' faults through the analysis of practical cases.Secondly,sports arbitration institutions lack in-depth investigation of athletes' subjective faults,which is mainly reflected in the fact that athletes cannot prove the degree of their subjective faults in some cases,and sports arbitration institutions lack active and in-depth analysis.Finally,in the same kind of cases,sports arbitration institutions sometimes adopt different ways of fault determination.Therefore,different solutions should be adopted to solve the above problems.Firstly,the application of inverted burden of proof rule in non-positive doping cases should be abolished.Secondly,attention should be paid to the role of the whereabouts reporting system in determining the fault in such cases.Thirdly,the sports arbitration organization should strengthen the rationality in the determination of the athletes' subjective faults in such cases,which is conducive to the in-depth investigation of the athletes' subjective faults.Finally,sports arbitration institutions should adopt the same way of fault determination in similar cases,which can not only reduce the misjudgment rate of such cases,achieve fairness and justice,but also improve the authority of sports arbitration institutions.