兴奋剂处罚的“严格责任”原则

On the Meaning of Strict Liability in the Discipline for Doping

通过案例分析,对兴奋剂处罚中的“严格责任”原则进行分析,指出严格责任原则存在的争议和矛盾,即为了体育的健康发展,应该适应严格责任原则,但是“严格责任”存在着对无辜运动员进行处罚的风险;在兴奋剂处罚中存在着公众利益和个体利益的冲突,出于对不同利益的考虑,可能会产生不同的结果;在利益的冲突中,体育的健康发展被认为是首要的;为了保护运动员的权益,在实践中,一些体育组织认为“严格责任”过于严厉,采取弱化“严格责任”的做法,给予运动员辩解的机会,在处罚中考虑其是否有过错,我国兴奋剂处罚也采取了这一做法。

hrough case studies,the author of this paper has analyzed the meaning of ＂strict liability＂ in the discipline for doping,pointed out current disputes and conflicts when applying the principle of strict liability and argued that the principle should be abided for the sake of the healthy development of sports. However, there are risks of punishing innocent athletes with the principle of strict liability because there exist conflicts of public interest and individual interest in discipline for doping and there may be different results out of consideration of different interests. Among conflict of interest, the healthy development of sports is normally considered to be the first priority. In reality, Some sports organizations believe the principle of strict liability is too harsh and tend to weaken strict liability and carefully check whether there are faults in doping discipline by giving athletes the opportunity to explain in order to protect their interests. Currently, sports organizations in China have also adopted these measures in sports discipline.