部门法体系下兴奋剂问题治理研究

Research on Management of Doping from the View of Department Law

兴奋剂问题古已有之并且愈演愈烈。究其原因可以从社会学、心理学以及法学等多个层面展开分析。无论是从实体法、程序法还是国际法角度来说,都有必要对兴奋剂问题展开全面和有效治理。实体法层面包含行政法、民法和刑法角度的诸多问题;程序法的兴奋剂治理涉及到程序公正、证据采集和认定准则的开放化,以及建构独立纠纷解决机制的必要性问题;从国际法层面来说,推进相关国际组织的职能和兴奋剂治理的国际性法律体系的完善则是重中之重。总之,有效协调和完善各个部门法律对于兴奋剂问题进行有效制约,是当前推进涉及兴奋剂问题法治完善的必要途径。

The problem of anti-doping have existed since ancient times and become even more serious.Reason could be utilized to explain that phenomenon by analyzing from several aspects like sociology,psychology and jurisprudence.It is necessary to call for effective and widespread governance against problem of doping from perspectives of substantial law,procedural law as well as international law.The substantial law could handle this theme while probing into relative study from administrative law,civil law and criminal law;Governance on doping from Procedural law involves procedural justice,collection of evidences and diversifying judging criterion,coupled with necessity on construction of independent dispute settlement mechanism;From the perspective of international law,it is central priority to emphasize the responsibility of relative international organization and to perfect the legal systems.In conclusion,it is effective approach for prompting the management on anti-doping from the view rule of law by effectively coordinate and improve the restriction on doping from various department of law.