| The hearing system contains the core spirit of modern administrative procedure-standardizing the operation of administrative power and protecting the legitimate rights and interests of the administrative counterpart.Stimulant penalty hearing procedure in our country is not a new thing,our country as early as in 1995 had introduced the hearing system into the field of sports anti-doping,with the enhancement of the right consciousness of athletes,athletes more dare to protect their legitimate rights and interests through the hearing procedure.In the 21st century,with more and more doping violations in the international sports field,athletes call for a fairer,more just and more efficient hearing procedure,so the World Anti-Doping Agency had made several amendments to the rules of hearing procedure in the World Anti-Doping Code,and adopted the 2021 edition of The International Standard for Result Management.To guide the anti-doping agencies to amend their own rules of hearing procedures.China is one of the biggest sports countries in the world.There are many doping cases in China every year.The athletes urgently need a more fair and efficient hearing procedure which is in line with the international anti-doping.Based on the anti-doping practice,this paper takes the doping penalty hearing system as the research object,analyzes the current situation of the implementation of the doping penalty hearing system,discusses the problems and their causes,and puts forward suggestions to improve these problems.Specifically,this paper is divided into five parts.The first part is the stimulant punishment hearing system overview of the basic issues,this part of the modern hearing system to explain the concept and legal origin,to procedural justice as the starting point to demonstrate the necessity of introducing hearing procedures,and then explore the concept of stimulant punishment hearing system,characteristics and significance.The second part is the current provisions of the hearing procedure for doping control in the international anti-doping code.Firstly,it puts forward the reasons of the hearing procedure for doping control,and completely analyzes the hearing rules in the international anti-doping code from the two angles of principle provisions and system provisions.The third part is the improvement of the anti-doping hearing rules by the International Anti-Doping Agency,which mainly analyzes the 2021 edition of The International Standards for Result Management and the legislative spirit of the anti-doping hearing rules by the International Anti-Doping Agency.The fourth part is the stimulant punishment hearing procedure analysis of practical problems,divided into the current international anti-doping rules and its 2021 edition of The International Standards for Result Management in the problems and our stimulant punishment hearing rules of the problems,while raising the problem analysis of the reasons behind the problem.The fifth part is the countermeasures to improve the hearing system of doping penalty in China,which is based on the problems of the hearing system in Chapter ?,combined with the latest provisions of the International Anti-Doping Regulations and the 2021 edition of The International Standards for Result Management,and based on the anti-doping practice in China.And the implementation of a comprehensive public hearing,strengthen the independence of the hearing committee,explore the construction of a diversified stimulant dispute resolution mechanism. |
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