Abstract:
The Osaka Rule constitutes a duplicate punishment to the doping athletes so it violates the principle of ne bis in idem, contrary to the principle of proportionality, and against the compulsory clause in the World Anti-Doping Code (WADC) which prohibits substantive changes to the sanction measures stipulated in the WADC. Ignoring the protection of fundamental human rights of the athletes and unilaterally severely striking the doping offenses will violate the purpose of the WADC. The Osaka Rule shall not be reintroduced. There are some clauses in the Regulations formulated by the Chinese Sports General Administration similar to the Osaka Rules. These clauses are not only in conflict with the general principles of the WADC but also against the promise of Chinese Government in joining the International Convention against Doping in Sports 2005, therefore they should be amended.