Insufficiency and Reinforcement in the Function of the Previous Laws of Crime of Obstructing Doping Management

The obvious attribute of statutory crime in the crime of obstructing doping management and the accurate identification of the core elements such as "athletes", "doping" and "major domestic and international sports competition" determine that the judicial identification of the crime of obstructing doping management is inseparable from the provisions of the previous laws. However, when identifying the crime of obstructing doping management according to the relevant previous laws, they will not only make the judicial identification process of "athletes" violate legal exclusionism, but fail to provide a basis for interpreting "major domestic and international sports competition"; at the same time they will make the identification conclusion of behavior subject fall into legitimacy crisis. Therefore, the relevant previous laws should be notified, that is, to expand the scope of "athletes", the meaning and scope of "major domestic and international sports competition"should be clarified, and the scope of subject of administrative violation should be expanded. In so doing the previous laws' basic function should be strengthened in the judicial determination of crime of obstructing doping management.