投放兴奋剂行为的刑法规制探究

Research on the Criminal Law Regulation of the Behavior of Placing Performance Enhancing Drugs

投放兴奋剂行为侵害了运动员的身体健康、人格名誉、财产权等多项法益,破坏了体育行业的竞赛秩序,具有严重的社会危害性。然而,在我国法律体系下,该行为尚不构成犯罪,只能以行政处罚、民事赔偿、纪律处分等方式对其进行规制。后果是既无法合理规制该违法行为,也无法有效预防其再次发生,长此以往必将危及体育行业的整体发展。因此,基于法益保护的目的和依法治体的政策指引,以刑法对投放兴奋剂行为进行规制具有现实的的必要性和可行性。

Framing athletes in using performance enhancing drugs jeopardize athletes' physical health, personal honor, freedom of participation and other legal interests, which undermines the fair competition sports order ,thus it has serious social harm. However, under the Chinese legal system, currently the framing behavior of performance enhancing drugs does not constitute a crime, and the behavior can only be regulated by administrative punishment, civil compensation and disciplinary action. The consequence is that it cannot be reasonably regulated, nor can it effectively prevent the illegal act. The occurrence will in the long run endanger the development of the entire sports industry. Therefore, based on the purpose of legal protection, and under the support of the constitution and the current regulatory mechanism, it is realistic and feasible to regulate the act of placing performance enhancing drugs by criminal law. Only by dividing the act into the criminal circle, weaving the secret law network and interfering with the criminal law can achieve the purpose of protecting the legitimate rights and interests of athletes.