| （Law School，Shandong University，Jinan 250100，China） Abstract: With the development of dope manufacturing technology, traditional urine test and blood test can no longer completely detect some new dopes, therefore the international sports community started adopting athlete biopassport technology to determine whether an athlete dopes according to the changing of his/her biological and physiological indexes. This standard has been accepted by several international sport organizations and countries, and acknowledged by the Court of Arbitration for Sport. China can consider adopting this standard for doping con-trol in the future, but should perfect related laws and regulations first. While basic rights enjoyed by athletes, such as privacy right, justice judgment right and fair hearing right, are fully assured, athletes who refuse to accept sampling or miss sampling should be given the sample sanction as the one for doping positive results. Especially, as for ath-letes who are doping or suspected doping, basic legal rights they enjoy should be respected in the process of judg-ment, which is an ordinary legal principle and the requirement of the international human rights law, needing no help from specific legal provisions.
Key words: sport law；doping control；athlete biopassport；legal rights；Court of Arbitration for Sport |
