Research On The Anti-Doping Rules For Recreational Athletes

In 2019,the newly published World Anti-Doping Code(WADC)adds the subject of"Recreational Athletes" and defines its scope.The definition of "Recreational Athlete" in the context of anti-doping rules is quite different from that in daily life.This revision makes the leniency to the violation punishment of recreational athlete,and pays more attention to the protection to athletes' rights.Compared with the 2015 version of WADC,the new rules partially solve the problems of heavy burden of proof,difficulty in mitigating punishment,vulnerable rights,and lack of anti-doping education when recreational athletes apply anti-doping rules.However,the wide range of "recreational athletes" in WADC and the insufficient detection of doping in practice may condone the illegal behavior of recreational athletes.Therefore,this paper puts forward some suggestions for improvement.As a signatory of WADC,China should timely revise the General Regulations on Doping Control in Sports and other anti-doping norm documents related to recreational athletes.This paper is divided into four parts:The first part briefly introduces anti-doping rules for recreational athletes.First of all,the author explains the meaning of recreational athletes in the context of common use and the context of anti-doping rules.Secondly,it introduces the regulations of "recreational Athlete" in the 2015 version of WADC and some important modifications in the 2021 version of WADC.Finally,the reasons why the 2021 makes special rules for recreational athletes are analyzed in four aspects.The second part examines the impact of the 2021 version of WADC on recreational athletes.Combining with CAS case law and comparing the 2015 version of WADC,this paper explores the positive significance of the new anti-doping rules for recreational athletes in four aspects:the criterion of liability,the standard of punishment,the non-compulsory disclosure of illegal information,and the anti-doping education.The third part explores the theoretical basis of anti-doping rules for recreational athletes.First of all,this paper analyzes the theoretical support of the special regulations of recreational athletes from the sports particularity and the legal system of "Lex Sportiva",and then explains the legitimacy of the regulations of recreational athletes accords with the pursuit of substantive justice,finally the rationality of the new rules is demonstrated from the legal principle.The fourth part analyzes the problems existing in the application of the anti-doping rules for recreational athletes in the 2021 version of WADC and its enlightenment to China.There are problems such as the wide range of recreational athletes and the omission of doping detection in amateur field.In view of the above problems,this paper puts forward some suggestions on how to revise the concept,scope and applicable rules of"recreational athletes" in the General Regulations on Doping Control in Sports.At the same time,it is suggested to ensure the implementation of doping testing and vigorously develop doping education for amateur athletes.