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Study On The Revision Of The 2021 Edition Of The "World Anti-Doping Code"

Posted on:2021-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:B PengFull Text:PDF
GTID:2416330614454201Subject:International Law
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With the prosperity and development of contemporary sports competition,the use of stimulants has become the biggest challenge facing the healthy development of international sports competition.A fair sports competition environment is a basic requirement for international sports events,but the emergence of doping not only undermines the fairness of sports competition,but also causes irreparable physical and mental trauma to athletes.In order to curb the use of doping and maintain fair competition in sports competition,the World Anti-Doping Agency has issued the "World Anti-Doping Code" to regulate,restrict and combat the illegal use of doping in the form of legislation.The World Anti-Doping Code are mainly composed of four parts: doping control,education and research,responsibilities and obligations,and recognition,compliance,modification and interpretation.Through four parts of legislation to clearly define doping violations and provide legal basis for contracting parties to comply with the World Anti-Doping Code,national anti-doping agencies also use the World Anti-Doping Code as a template for anti-doping Legislation has formed an international unified anti-doping legislation,and strives to create a clean and fair international sports environment.This paper mainly introduces and analyzes the background and main contents of the revision of the 2021 edition of the World Anti-Doping Code through literature analysis and comparative research methods,and introduces and analyzes the reasons and principles of the changes in the provisions.It also compares with the 2015 World Anti-Doping Code,studies the differences between the 2021 edition of the World Anti-Doping Code,and deeply analyzes the progress and shortcomings of the revision of the 2021 edition of the World Anti-Doping Code.The main features of the revision of the 2021 edition of the World Anti-Doping Code are to pay more attention to the protection of athletes' legal rights,to emphasize the application of the principle of proportionality in the punishment of doping violations,to update the anti-doping technical means in a timely manner,and to specify more specifically the responsibilities and obligations of anti-doping subjects.The2021 edition of the World Anti-Doping Code has made progress in the revision of "preventing and retaliating against doping reporting acts",adding "protected persons" and "amateur athletes" subjects,adding "specific methods" and "substance abuse" contents,and clarifying the qualification conditions of doping personnel.However,there are also some defects in the operability of relevant provisions,incomplete regulations andinsufficient protection of athletes' procedures.Through the research on the revision of the2021 edition of the World Anti-Doping Code,it is believed that China's anti-doping work needs to be improved as follows: First,pay attention to the legislation of special subjects in sports competitions.The 2021 edition of the World Anti-Doping Code added protection clauses for "protected persons","amateur athletes" and "informants",reflecting the special concern for vulnerable groups.China's anti-doping work should strengthen the legislation for special groups according to the basic spirit of the 2021 edition of the World Anti-Doping Code,and formulate specific protection rules and mechanisms on the basis of the 2021 edition of the World Anti-Doping Code.Second,the doping violation and punishment system should be refined.China's anti-doping legislation can be combined with the current situation of China's sports competition to formulate doping violation and punishment mechanism suitable for China's national conditions;Third,strengthen the protection of athletes' procedural legislation.The 2021 edition of the "World Anti-Doping Code" focuses more on the protection of athletes' substantive rights,but there are still deficiencies in the protection of procedural rights.China should strengthen the protection of athletes' procedural legislation to balance the de facto inequality between athletes and anti-doping agencies.Fourth,promote cooperation between anti-doping organizations and governments.The 2021 edition of the World Anti-Doping Code added a number of provisions for the government to assist in anti-doping work.China can improve its legislation to promote the cooperation between anti-doping organizations and the government and to restrict the exercise of power by both parties.Fifth,actively put forward legislative opinions to the world anti-excitement agencies.Many provisions of the2021 edition of the World Anti-Doping Code are still insufficient,but China's anti-doping legislation must be consistent with the World Anti-Doping Code.Therefore,it is necessary to put forward legislative opinions to the World Anti-Doping Agency to improve the deficiencies of the 2021 edition of the World Anti-Doping Code.Through drawing lessons from the revision experience of the 2021 World Anti-Doping Code,this paper explores the changes and improvements needed in China's anti-doping legislation,and puts forward legislative reference suggestions and countermeasures for China's anti-doping cause,thus assisting the development of China's anti-doping cause.Therefore,the research on the2021 World Anti-Doping Code has theoretical and practical value.
Keywords/Search Tags:doping, system, athletes' rights, punishment, principle of proportionality
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