Study On The Connection Of Administrative Law Enforcement And Criminal Justice About The Crime Of Disrupting Administration Of Doping

The crime of disrupting administration of doping is a crime stipulated in the Amendment(XI)to the Criminal Law of the People’s Republic of China issued in 2020.For this crime,the connection of administrative law enforcement and criminal justice is of great practical significance for the judicial determination of the crime of disrupting administration of doping.First is for the judicial determination of core constitutive requirements of the crime of disrupting administration of doping to provide standard.For the crime of disrupting administration of doping,The judicial determination about its core constitutive requirements "athletes" need to rely on the connection of administrative law enforcement and criminal justice,The judicial determination of "doping" need to rely on the connection of administrative law enforcement and criminal justice,The judicial determination of "major national or international sports competition" need to rely on the connection of administrative law enforcement and criminal justice,and even the judicial determination of other constitutive requirements still need to rely on the connection of administrative law enforcement and criminal justice.Second is ensure the timely and effective transfer and handling of cases of the crime of disrupting administration of doping.Not only does the timely and effective transfer of cases of the crime of disrupting administration of doping require the connection of administrative law enforcement and criminal justice,but also the review and judgment of the evidence of cases of the crime of disrupting administration of doping require it,too.However,there are many problems in the connection of administrative law enforcement and criminal justice of the crime of disrupting administration of doping.The problems of the substantive law include the following aspects: first is the lack of a unified pre-law,many administrative pre-law are conflict in professional terms and concrete provisions.Second is unable to provide a clear standard for the judicial determination of the core constitutive requirements of the crime of disrupting administration of doping,such as "doping","athletes" and "major national or international sports competition".Third is not coordinated with international law which mainly show in the doping classification standards and detection standards.The problems in the procedural operation include the following aspects: first is difficult to transform the evidence involved in the case which mainly show in different evidence standards for different procedures and difficulties in evidence collection.Second is the communication of the responsible subject which include administrative law enforcement and judicial justice is not smooth.Third is the guarantee mechanism of supervision for the case transfer is insufficient which show in procuratorate is difficult to effectively exercise their supervision power.Fourth is the reverse transfer mechanism is not perfect.These problems have greatly affected to improve the connection of administrative law enforcement and criminal justice of the crime of disrupting administration of doping.In order to deal with the above problems,the author puts forward the corresponding measures to improve the connection of administrative law enforcement and criminal justice of the crime of disrupting administration of doping.At the substantive law level,the measures mainly have the following aspects,first,it should coordinate the provisions of the related pre-law to adjust the conflicting terms.Second,it should clear the definition of the core constitutive requirements of the crime of disrupting administration of doping through the pre-law,the core constitutive requirements mainly include "doping","athletes" and "major national or international sports competition".Third,it should make laws to provide the problems about the connection of administrative law enforcement and criminal justice of the crime of disrupting administration of doping.Fourth,it should strengthen the coordination of internal law and international law.At the procedural level,the measures mainly include the following aspects: first,it is necessary to build a unified platform about the connection of administrative law enforcement and criminal justice to improve the communication mechanism of the responsible subject.Second,the investigation organs should intervene in advance.Third,it is necessary to strengthen the supervision to guarantee the connection of administrative law enforcement and criminal justice.Fourth,the list management system of the connection of administrative law enforcement and criminal justice should be built.Fifth,it is necessary to improve the reverse transfer mechanism of the connection of administrative law enforcement and criminal justice.Only in this way can improve the mechanism of connecting administrative law enforcement and criminal justice of the crime of disrupting administration of doping.