System Interpretation of Crime of Obstructing Doping Management

The identification of legal interests is a necessary prerequisite for the interpretation of specific charges. By summarizing the existing relevant anti-doping literature and the positioning for crime of obstructing doping management, it is believed that the legal interests of this crime include the fairness of the competition, the reputation of the country and the right to health, among which the right to health includes the right to the health of the doping athletes themselves, the right to the health of the whole group of athletes that may be infringed by the abuse of doping, and the abstract right to national health. For those behaviors that infringe all the above legal interests, severe punishment should be offered; while the application of this crime will be restricted for those behaviors that infringe only part of the legal interests. Systematic interpretation is an important way to understand this criminal law norms. For understanding and application of specific constituent elements, the sports competition should be limited to competitive sports in the Sports Law, not including school sports and social sports. For defining major domestic and international sports competitions, it should be defined from the aspects of competition levels and influences. As for the behaviors like luring, abetting, deceiving and organizing and compelling, the elements of subjective knowledge are also needed; otherwise, they should be negated. The connotation of "serious circumstance"should be clarified under the premise of distinguishing different types of behaviors.