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Study On The Improvement Of China's Hearing System On The Anti-doping Rule Violations

Posted on:2021-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2416330623980731Subject:legal
Abstract/Summary:PDF Full Text Request
In order to crack down on repeated doping violations in sports events,countries have stepped up the control of using doping,thus athletes will be faced with severe penalties such as cancellation of competition results,ban and so on.Therefore,the importance of fairness and justice to athletes and sports career is self-evident.In the process of determining the illegal behavior of doping,it is essential to carry out doping examination and test.when the athletes are not satisfied with the results of doping inspection and test,it is easy to have disputes with the units and individuals that conduct doping inspection and testing.In order to resolve the dispute as effectively as possible,it is necessary to set up the corresponding dispute resolution method in the doping control link.In this context,China's doping violation hearing system was born.In order to resolve the disputes caused by doping inspection and detection,our country introduced the hearing into the doping field in the 1990 s.The hearing of doping violation is an important link in doping control in our country,and it is also an important way to solve the doping dispute.With the revision of the General Rules of Sports ZTE and the Rules of Stimulant Violation Hearing(Provisional)in 2018,the system of doping violation hearing in our country has been further developed.However,after careful study of the existing regulations and practical operation,we can find that there are still many outstanding improvements in the system.Through the comprehensive use of literature reading,expert interviews and other methods to sort out the system of doping violations hearing in China,we can sum up the existing problems,and put forward targeted suggestions for improvement.The content of this paper can be divided into four chapters.The first chapter is to clarify the basic concept,which briefly introduces the system of hearing and the system of hearing of doping violation in China,and makes a comparative analysis of the two typical hearing systems,namely,the hearing of doping violation and the hearing of sports arbitration and administrative procedure respectively.Through the comparative analysis,we can know that these kinds of hearing systems have many similarities in purpose and function,procedure and form,but there are obvious differences in nature,scope of application and legal basis.Therefore,in the improvement of the hearing system of doping violations,we can draw on the experience of the other two systems moderately,while not ignoring its differences.The second chapter combs the development of the hearing system of doping violation in our country,in the course of development,we can divide the hearing system of doping violation into the origin stage,the development stage and the deepening stage.In different stages of development,the system has different embodiment in legislation and practice,and with the further development of the system,many shortcomings have been greatly improved.The existing legal norms of the hearing system have been relatively complete in content,in practice,this paper mainly analyzes the number of hearings and the public situation in the past year,which will help to identify areas for improvement.The third chapter mainly summarizes the problems,the chapter summarizes and analyzes the problems existing in the hearing system of doping violation in our country.From the point of view of the current hearing system,the existing problems are mainly reflected in the lack of public hearing,the lack of neutrality of the hearing organizer and the imperfect temporary hearing system.The fourth chapter mainly puts forward the suggestion,this chapter puts forward the concrete suggestion to the problems summarized in the third chapter,not only puts forward some improvement suggestions to some articles in the current normative document,in order to enhance its feasibility,but also puts forward the perfect measures for the shortcomings in the practical operation.The improvement of the hearing system for doping violations aims to better ensure the fairness and fairness of the hearing process and results,so that the hearing of doping violations can provide more practical and effective help for protecting the legitimate rights and interests of athletes and resolving doping disputes,which is very important to the healthy development of sports in our country.
Keywords/Search Tags:Stimulant violations, Hearing system, Publicity, Neutral
PDF Full Text Request
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