The Research Of Expert Evidence In Doping Case

Among sports dispute cases,doping cases are the most common and important type of cases.Because of the particularity of doping cases,expert evidence is of great significance to the arbitral tribunal and the parties,and plays a key or even decisive role in the beginning and end of the case.Therefore,the expert evidence system in doping cases has important research value.This article takes the expert evidence system as the starting point.The main problem for the study is what are the specific provisions of the expert evidence system in doping cases,what are the shortcomings and how can they be improved?The article takes the International Sports Arbitration Court,the United States and the United Kingdom as the main research objects,and examines the specific provisions of the expert evidence system in stimulant cases.Mining.According to the trends reflected in specific regulations,it elaborates that it has similarities with general civil and commercial arbitration cases in respecting the autonomy of the parties,pursuing the value of efficiency,and the discretion of the arbitral tribunal.Ratio has greater flexibility,and basically the same rules apply to other sports arbitration cases.It is precisely because of the reflected characteristics that the shortcomings of the expert evidence system in doping cases in terms of the independence of expert witnesses,the gap between the parties' strength of expert evidence,the method of expert evidence management,and the admissibility of expert evidence are analyzed.Compared with other civil and commercial arbitration cases,doping cases have significant gaps in the degree of party autonomy and arbitration strength;compared with other sports arbitration cases,the penalties are more severe.Based on the particularity of doping cases and the tendency of procedural safeguards,more procedural protection needs to be given to the weaker party.As an important part of the arbitration procedure,the expert evidence system also needs to be perfected against its defects.Therefore,based on the above analysis,the author proposes a specific improvement path:To ensure the independence of expert witnesses,it is necessary to clarify and strengthen the obligations and responsibilities of expert witnesses to the arbitral tribunal,and establish a single common expert and technical advisor to the arbitral tribunal;In narrowing the gap of the parties 1strengths,conducting pre-trial evidence disclosure,setting up an expert witness assistance system,and clarifying the parties' responsibility to "provide evidence";In the expert evidence management measures,put forward the feasibility suggestions for standardizing written expert reports,convening expert meetings and producing joint expert witness reports;In terms of admissibility of expert evidence,it is recommended to introduce the American "Daubert" standard to ensure that arbitrators play the role of "gatekeeper" and prevent "junk science" from entering the arbitral tribunal.At last,the design draft of expert evidence system is formed and the enlightenment for China is put forward.It is hoped that the research in this article will further standardize the expert evidence system in doping cases.