The Obstacles for Incriminating Athletes' Use of Doping and Its Solutions

The fact that the criminal law prohibits the doping conducts has many difficulties, because it not only violates the concept of rechtsgut or the harm principle and comes into the parentalism or moralism, but also conflicts the procedural principles in the aspects of the unit of order law, the privilege against self incrimination and prohibition against double jeopardy.Therefore, the harm-reductionist approach permits to use certain performance enhancing drugs (PEDs), but it neglected the minor athletes' health.In fact, due to the minors' health being recognized as the rechtsgus with the penal law, it can justify the criminalization of anti-doping act.However, the prohibition can only punish the athlete elite and top-level athletes who use the PEDs, while the ordinary cannot be punishable because of the theory of aborted crime.