A Comparative Study Of Special Anti-Doping Legislation

The Anti-doping governance has experienced a binary leap from sports autonomy to government intervention,and an important way for government to intervene is through anti-doping legislation.As a result,different legislative models have emerged.Among them,the special anti-doping legislation is very popular due to its uniform policy,convenience of law revision,and powerful implementation.The China Anti-Doping Regulation also adopts this model and become the most important legal norm to guide anti-doping work.The same model provides conditions for the horizontal comparison of multinational legislation,which further promotes the knowing of the current situation of international legislation and the legislative issues of the China Anti-Doping Regulation.From a macro perspective,the special anti-doping legislation of various countries has shown a high degree of synergy under the guidance of WADC.This is first manifested in that countries closely follow the footsteps of WADC in the process of legislative creation and revision,and use a higher legal level to ensure the authority of law.Secondly,while protecting common sports values,national legislations pay more attention to the management and authorization functions of law.Finally,national legislations follow similar construction ideas and logical relationships,and focus on regulating important systems in anti-doping.From a micro perspective,the specific anti-doping legislation of various countries shows diversity and creativity under the trend of standardization.For example,national legislations explore multiple management models when safeguarding the independence of national anti-doping organizations;adopt different legislative techniques for doping inspection and investigation systems on the basis of following international standards;show us obvious differences in power distribution,institutional settings and evidence rules when solving anti-doping arguements;create characteristic systems in line with national conditions in the field of comprehensive governance.Through macro and micro comparison,it is found that the special anti-doping legislation of each country describes the characteristics and development trend of the global anti-doping nomocracy.The specific manifestations are: domestic and international interactions have strengthened the paradigm guidance and local transformation of international rules;anti-doping is increasingly becoming a public affair,including expanding the protection of legal interests and strengthening doping control in public places;the special anti-doping legislation has increased doping efforts through criminal measures,law enforcement cooperation,and information sharing.In general,the comparison of the special anti-doping legislation in various countries provides extraterritorial experience for the revision of The China Anti-Doping Regulation.We can improve the overall quality of the China Anti-Doping Regulation in the following areas.Improve the comprehensive governance function of The China Anti-Doping Regulation to promoting multi-subject co-governance.Add a special chapter of the National Anti-Doping Organization to maintain the independence of the China Anti-Doping Center and get rid of the ills of over-reliance on the government.Add a special chapter of the dispute settlement mechanism,and establish anti-doping arbitration as well as improving the hearing system.Streamline the doping control and investigation provisions in the anti-doping legal system to improving maturity of law.Add a special chapter of comprehensive doping management,clarify the anti-doping power system,and promote the construction and innovation of the anti-doping system.