On The Criminal Regulation Of Athletes Use Of Doping

Frequent doping scandals reflect that the current anti-doping effects are not ideal.In order to effectively suppress the occurrence of this phenomenon in the current sports field,many countries have begun to try to use criminal law to combat them.my country is no exception.In 2019,the Supreme Court promulgated the "Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Smuggling,Illegal Business,and Illegal Use of Doping",indicating the determination and attitude to punish illegal doping crimes in accordance with the law.In December2020,the National People’s Congress Standing Committee passed the "Criminal Law Amendment(11)" in its third instance,adding additional charges related to stimulants and officially "punishing" illegal acts involving stimulants,which also reflects my country’s treatment of stimulants.Use a zero tolerance attitude.However,this regulation is not primarily aimed at athletes,but at auxiliary personnel who target athletes for doping violations.Therefore,under my country’s current anti-doping legal system,athletes who use doping will not be punished.In fact,the legitimacy of criminal law intervention in the use of doping has been controversial in theoretical circles.Nowadays,most countries in the world still control the use of doping by athletes by civil law,even in countries such as Germany that criminalize doping.It has also been strongly questioned by academia.Because of the imprisonment of athletes using stimulants,they face many obstacles: they cannot stand the test of the principle of protection of legal interests,deviate from the requirements of legal clarity,cannot get rid of the shackles of ethics,and are deeply trapped in the quagmire of paternalism.Therefore,it is necessary to explore the justification basis for the use of stimulants,and introduce the principle of proportionality on this basis to limit the scope of the punishment,so that the intervention of the criminal law is appropriate and legitimate.Finally,since the punishment of doping depends on the World Anti-Doping Regulations and the Prohibition List,and the support of such administrative regulations to the criminal law will cause many problems and contradictions.In order to properly resolve these contradictions,in judicial application,The scope of the criminal law system will be further restricted.