Study On The Application Of Article 2.5 Of The World Anti-Doping Code

In 2021,the International Court of Arbitration for Sport finally decided to impose a four-year and three-month ban on Sun Yang,who has been a concern in China since his "violent refusal to test" was exposed by foreign media.Meanwhile,Article 2.5 of the World Anti-Doping Code,"Tampering or Attempted Tampering with any Part of Doping Control by an Athlete or Other Person",has also attracted the attention of scholars at home and abroad.The difference in the interpretation and determination of the tampering rule between the FINA Anti-Doping Panel and the International Court of Arbitration for Sport in this case has revealed the unclear concept and meaning of Article 2.5,and therefore there is a need for an in-depth study of Article 2.5.First,the scope of Article 2.5 is broad,and there is no way to exhaustively enumerate,but its most indicative content is also the enumerated part,so from the article,Article 2.5 lacks predictability standards.Secondly,Article 2.5 can only be constituted by intentional,but the objective and subjective lack of mitigating factors,resulting in once the violation of Article 2.5,the punishment is more severe compared to other articles.In addition,the new provisions of Article 2.5 clearly increase the scope of the subject of the violation,and there is the possibility of the athlete transferring responsibility in future cases.Finally,the penalty provisions of Article 2.5,i.e.,Article 10.3.1,are too single,and the period of ineligibility lacks clear distinction.These are the defects of Article 2.5 itself.At the same time,Sun Yang’s case also revealed the imperfect international articulation between China and Article 2.5 rules,and the unskilled application of Article 2.5 rules.Therefore,as sports competitions become more commercialized and technological,it is necessary to raise the importance of Article 2.5 in our country.On the one hand,when applying Article 2.5 domestically,China should ensure that domestic rules are properly aligned with international rules and avoid conflicts with internationally accepted standards.On the other hand,in order to accurately apply Article 2.5 and increase our voice in anti-doping rulemaking,our country should actively contribute to the World Anti-Doping Agency so that our anti-doping activities can develop in a long way.