Determination Of Athletes' No Fault In Doping Arbitration Cases

Doping violations belong to contract breaches.As a party to the breach,athletes have to be responsible for the breach,which is reflected in the anti-doping rules,such as suspension and cancellation of performance.Most of the violated athletes will claim that they have no faults or negligence as a defense to avoid the responsibility,so as to avoid severe suspension penalties.It's the embodiment of party autonomy when sports arbitration agencies apply related rules when ruling no fault cases to exempt athletes from punishment.When the sports arbitration agencies decides whether to apply the no fault clause to mitigate the punishment of athletes,first of all,it will consider the subjective intention of the athlete.Secondly,for the results of doping substances entering the athlete's system,the sports arbitration agencies will consider whether it is possible to blame the athlete objectively.In the current practice of sports arbitration,arbitration agencies have not strictly grasped the threshold for athletes to have no fault;at the same time,the amount of currently banned substances has no threshold for improving the performance of competitions;there are also large differences in the arbitration standards,or even the opposite.WADC,which supports arbitration agencies to make rulings,also has loopholes in "legislation".These problems damage the basic rights of athletes and impact the arbitrage tribunal's authority.The above problems can be solved from two aspects of arbitration practice and rule making.Firstly,the arbitration agencies should strictly apply the no-fault clause,and it can limit the discretion of the arbitrage tribunal through enumeration and generalization.Secondly,the World Anti-Doping Agency should determine the amount of prohibited substances in the banned list so as to determine whether the athlete has the intention to improve the performance of the game.Thirdly,establish the normative role of precedents for arbitration.Finally,WADC needs to re-define multiple certification standards.Athletes in our country should positively learn anti-doping knowledge.When doping violations is happened,the athletes should actively apply the no-fault clause and dare to safeguard their legitimate rights and interests if there is a reduction or exemption penalty.The Chinese Anti-Doping Agency should also strictly grasp the standards when applying the no-fault clause and supervise the anti-doping learning of athletes without fault,and modify the "General Regulations on Doping Control in Sports".