| In order to maintain the fairness and impartiality of sports competition and to protect athletes’ health and safety,it has become a worldwide consensus to strictly combat doping abuse.The World Anti-Doping Organization,International Olympic Committee and other organizations are constantly fighting against doping under the guidance of the World Anti-Doping Code and other conventions.Many countries,including China,have also continued to introduce anti-doping laws and regulations.China has always taken a strict stance against doping,and its legislation also has strict regulations and penalties for doping.In order to combat and deter doping abuse further acts that have serious impacts to the society have been criminalized by Criminal Law Amendment XI.To judge the crime of disrupting the order of doping administration accurately,the perpetrating acts of the crime should be clarified,which refer to the act of causing athletes to use doping to take part in major domestic or international sports competitions by inducing,abetting,deceiving,providing,organizing,or forcing,resulting in real danger to the order of doping management,sports competition or the life and health of athletes.These acts infringed following legal interests: the order of doping administration,the fairness and justice of sports and the life and athletes’ life and health.The perpetrating act of the crime of disrupting the order of doping administration has the characteristics of diversity of behavior and compounding of the object of behavior.According to the Article,the acts of committing the crime of disrupting doping administration can be classified into three categories: "inducing,abetting,deceiving","providing","organizing,forcing".In the case of "inducement,abetment or deception",the athletes didn’t have the will to dope but are motivated by others or concealed to dope;About "providing",one must be knowing and includes not only the provision of doping to athletes,but also the provision of doping to athletes through the athlete’s coaches,team doctors,and other athlete support personnel;"organization,forcing" are the most harmful acts above these behaviors,which are always large in scales and harms a large number of athletes,and have a more serious impact on the reputation of the country.To avoid differences in practical judgements,it is necessary to identify the object covered by the crime i.e.,to define "doping" and "athletes".The determination of whether a substance or method is "doping" for the purposes of the crime should accord to China’s annual Doping List;A person with a certain level of athletic ability and skill,who has an obligation not to dope in sport and who participates in major national and international sports competitions as an athlete can be the crime’ behavior object. |
