Application Of The Principle Of Strict Liability In Doping Violation Cases

The World Anti-Doping Organization has consistently upheld the principle of strict liability in CASes of doping violations.According to the strict liability principle,as long as athletes are detected to contain banned substances in the body,that constitutes a doping violation,regardless of the athlete 's subjective intent.This principle is of great help in combating doping offences,but it can sometimes cause unfair harm to the legitimate rights and interests of athletes.Recently,the World Anti-Doping Organization(WADO)has also recognized the current unfairness of the principle of strict liability and has made some adjustments in the determination of irregularities and trial procedures.However,based on the current practice CASes,these adjustments can not completely avoid the unfair damage to athletes,the future still needs to be improved in doping testing and athlete relief,in order to protect the legitimate rights and interests of athletes.Around the above content,except for the introduction and conclusion,this paper is divided into four parts:The first part summarizes the reasons for the existence of strict liability principle,punishment standards and the premise of application.For the sake of maintaining the fairness of competition and protecting the athletes' health,the principle of strict liability has become an indispensable imputation principle in the fight against doping.In order to make the principle of strict liability more fully play its role,the allocation of the burden of proof,athlete punishment standards and doping detection procedures and other related systems have become an important part of the anti-doping system.However,there are still some deficiencies in the implementation of these systems.The second part analyzes the shortcomings of the principle of strict liability.On the one hand,when the principle of strict liability is invoked to punish athletes,the jurisprudence of the principle itself is controversial,and there are also defects in the trial procedure of the punishment of athletes.On the other hand,athletes in the use of strict liability principles of the relevant relief measures to protect their legitimate rights and interests,the relevant relief measures are difficult to play the protection function,making it difficult for some athletes to effectively protect their legitimate rights and interests.The third part summarizes the adjustment on the application of strict liability principle.On the one hand,in addition to the strict liability principle,the principle of good faith and the principle of fault also play an important role in the determination of doping violations.On the other hand,the trial procedure of doping punishment has also made corresponding changes,the Court of Arbitration for International Sports has set up an independent doping dispute tribunal to ensure that athletes can obtain procedural protection.The fourth part puts forward the path to perfect the strict liability principle.According to the current controversy of strict liability principle and the trend of related system adjustment,the future doping control system and athletes' relief measures are the main direction of the reform of the World Anti-Doping Organization.