Research On The "strict Responsibility" Principle Of International Sports Anti-doping

With the trend of commercialization and professionalization of sports,the phenomenon of doping in competitive sports is becoming more and more rampant.The doping is "tarsal maggots" of sports,like "cancer" destroying the healthy development of sports.The doping against the sports spirit of fair competition,damages the physical and mental health of athletes,and has becomed a major problem in international sports.At present,the determination of doping violations generally follows the strict liability principle.Strict responsibility is based on the punishment standard of the existence of prohibited substances but not the athletes' subjective fault,which is helpful to effectively combat doping behavior and uphold the principle of fairness of sports.But it's also questioned and criticized for some problems in practice,such as the less scientific prohibited list,its controversial doping testing procedures and unfair punishment.In recent years,the World Anti-doping Code("WADC")has started to adjust the "severity" of strict liability by increasing the provisions of the exceptional circumstances and athlete's procedural rights,gradually weakening its inadequacies.For better balance between the doping punishment and the protection of athlete's legitimate rights,this paper mainly adopts the case study method,literature analysis method and comparative analysis method to elaborate the perfect process of strict liability principle.Besides the parts of introduction and conclusion,there are four main sections in this paper:The first part is an overview of strict liability principle of anti-doping.Through the explanation of jurisprudence,it tries to further illustrate the specific connotation of strict liability principle.At the same time,this part explains the reasons of strict liability principle in order to illustrate that the principle is the necessary means for anti-doping system.The second part mainly introduces the limitation of strict liability from the following five aspects:its less scientific prohibited list,its controversial doping testing procedures,unfair punishment and excessive burden of proof for athletes,and then explains its effect and damages on the rights of athletes,providing the direction for improving the applicable standard of strict liability principle.The third part mainly introduces the adjustment trend of WADC about strict liability principle,from two aspects of the exception of strict liability and the due process rights of athletes respectively.WADC was increased the provisions of the banned in and out of competition substances,therapeutic drug exemption,no fault clause,as well as specified the right of acquiring notices,hearing,and appeal,a providing references to improve strict liability principle.The fourth part mainly expatiates the strict liability's improvement path from the following five aspects:making a scientific list of prohibition,improving the doping test system of WADA,unified punishment standards of doping,protecting the due process rights of athletes,reducing the burden of proof,in order to improve the application of strict liability in doping cases and promote the further development of the world fight against anti-doping.