Study On Collective Responsibility In Russia's Collective Doping Incident

Before the Rio Olympics,Russian athletes were exposed for organized and mass doping scandals.As the investigation progressed,more details were exposed.Under the organization of the Russian Sports Agency,many Russian athletes were protected and participated in international competitions.Russian athletes were unable to participate in the game,which caused many disputes.The main disputes are as follows.First,the punishment violates the principle of proportionality.Some Russian sports organizations claim that the suspension of their membership affects athletes' right to participate in violation of the principle of proportionality.Although sports organizations should bear the consequences of non-compliance with anti-doping obligations,some athletes are unaware of their doping violations,and the adverse consequences of collective punishment directly lead to athletes'failure to obtain the right to participate,which will cause disputes that violate the principle of proportionality.Second,the punishment affects the athletes' rights of due process.The right of due process means that anyone should have the right to defend himself before suffering adverse consequences.In collective punishment,athletes are the victims of the adverse consequences of collective responsibility,but no right was given to athletes during the process of punishment.Third,there are inconsistent disputes over collective punishment.Due to the inconsistency of the subject of the collective punishment,the inconsistent standards adopted,and whether the athletes who were also affected in the end can participate in the competition,the results are not consistent.When collective punishment is controversial,it is necessary to consider whether collective responsibility should be introduced to better handle collective doping incidents.Collective responsibility should have the following due meaning:the subject of collective responsibility is the manager who represents the government.Collective responsibility is caused by managers on behalf of the government making decisions,organizing,and executing doping violations for the purpose of improving athletes' performance.Collective responsibility is an adverse consequence that the subject should suffer as a result of a breach of its anti-doping obligations.However,the introduction of collective responsibility is subject to the principle of state sovereignty and obstacles in implementation,and collective responsibility needs to be further optimized.The subject of collective responsibility shall be specified,and the state or the government and other sports organizations shall stipulate the punishment results in the UNESCO Convention and WADC.Penalties need to be imposed after the subject of collective responsibility is determined,but lessons should be learned during the punishment to protect the legitimate rights and interests of athletes.First of all,it is necessary to ensure that the scope of the athlete's right to contract is limited and should not be directly deprived.Secondly,when setting up a separate review procedure,attention should be paid to protecting the due process rights of athletes.Finally,the procedures should be set up to ensure that they have been properly reviewed to avoid situations where standards are too inconsistent.Finally,China should get some inspiration from this collective stimulant incident.First of all,in China's anti-doping work,there are clauses involving collective responsibility.These clauses clarify that the criminal liability of relevant personnel can be investigated.Combined with the Application of the Supreme People's Court on the trial of criminal cases of smuggling,illegal operation and illegal use of doping,Interpretation of Several Issues in the Law,we can see China's determination to combat doping violations.However,subject to the particularity of stimulant violations and the lag of the law,a separate stimulant crime chapter and new charges should be set up.Secondly,China should actively participate in the follow-up of international anti-doping work.China should follow up in a timely manner,modify and formulate relevant provisions to follow up the implementation of new regulations,and actively participate in the formulation of anti-doping documents.Finally,due process rights of athletes under collective responsibility should be taken seriously.Sports disputes in China lack effective arbitration mechanisms.The protection of athletes' rights is not in place.Once a collective stimulant event or a domestic collective stimulant event occurs,the protection of rights will be more difficult.Therefore,we should start to establish a domestic sports dispute arbitration settlement mechanism.