Abstract:
Crime of obstructing doping management is a new charge added by the
Criminal Law of the People's Republic of China, and the punishment scope of this crime should be reasonably defined through strict interpretation of the constituent elements. The legal interest of this crime should be sports interest, which is the guiding principle for the interpretation of specific constituent elements. In terms of applicable fields, the scope of "domestic and international major sports competition" should be limited to national level and international level competitive sports competitions. In terms of punishment objects, encouraging, abetting, cheating athletes to use doping, providing doping to athletes, organizing athletes to use doping, and forcing athletes to use doping are four acts of this crime, and it is necessary to learn from the interpretation principles of similar crimes and to combine with sports practical experience for individual identification. In terms of circumstance of crime, involving the large number of doping, causing serious harm to the physical and mental health of athletes, using or providing doping to minor athletes and so on, could be evaluated as "serious circumstance" of this crime.