(Kenneth Wang School of Law，Soochow University，Suzhou 215006，China) Abstract: The hierarchical setting of the standards on sample collection session in the world anti-doping system leads to the disunity with all kinds of standards, which may easily result in conflicts between athletes and doping control coordinators. It may also connive at the escape of Sample Collection Personnel to lower standards if stick to the point that the effectiveness of international standards is paramount. In view of the uneven distribution of doping control resources, it is suggested that international standards should be refined on the basis of the existing system, requiring Doping Control Coordinators to implement the higher practice standards set by applicable internal rules. The theory of presumptive legality of administrative act and the general theory of the constitutive elements of the crime of endangering public affairs can be used to analyze the determination of anti-doping rule violations, and the serious flaw in sample collection session should be the ground of justification of “Failure to Comply” of athletes. The serious flaw in sample collection session cannot be fully evaluated by the compelling justification stipulated in the World Anti-Doping Code, and should be defined as a separate ground of justification.
Key words: sports law；sample collection session；world anti-doping system；compelling justification；Sun Yang |
