Research on the Responsibility of Athletes Use Doping
|School||Beijing Jiaotong University|
|Keywords||doping World Anti-Doping Code punitive liability compensativeliability subjective fault|
With the development of sport, the sport is becoming a career and business. And doping is increasingly common in sport. However, the athletes who use doping obtain an unfair competitive advantage and it undermines the spirit of fair competitive. So this act should be prevented and the athletes who use doping should be punished. The responsibility of anti-doping can be divided into compensative liability and punitive liability. And each liability has different imputation principle and different factors that need to be taken into consideration to prevent the doping. In my opinion, when we impose punitive liability on the users we should consider the user’s subjective fault. But we should also consider the efficiency value, so we can take the principle of the fault of presumption and the implementation of the burden of proof. If the user is not guilty of his/her act, we can’t impose punitive liability on him/her, but he/she must compensate for the damage, in other words, he/she should be imposed compensative liability. However,the international attitude towards doping is very unfair, because the World Anti-Doping Agency and International Court of Arbitration for Sport do not divide the responsibility into compensative liability and punitive liability,but only focus on that weather is there any prohibited substance in the athlete or not. If the answer is "yes", the accused athlete should take the responsibilities which may be punitive liability. We think that imposing punitive liability without subjective fault is not fair, so this approach should be amended.