Basic Issues of Criminal Law Regulations for Doping Related Crimes——Focus on the Relevant Provisions of Amendment（Ⅺ） to the Criminal Law of the People’s Republic of China

The criminal law regulation for doping related crimes is based on anti-doping administrative laws and regulations. The relevant provisions of the criminal law are clarified through judicial interpretations, and finally a comprehensive criminal law network is formulated after the amendment of the criminal law. After the implementation of Amendment(XI) to the Criminal Law of the People's Republic of China, the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Criminal Cases of Smuggling, Illegal Operation, and Illegal Use of Doping(hereafter referred to as Interpretation of Doping Related Crimes) is still valid and should be applied along with the revised Criminal Law of PRC to punish doping related crimes including the crime of obstructing doping management. The understanding of legal benefits and the determination of doping are the two basic issues in judicial application. It should be noted that the legal benefits protected by anti-doping related crimes are manifested as two super-individual legal benefits, i.e., fair competition and national physique. Whether it is a banned substance or a banned method, it should be accurately determined in accordance with the “Doping List”. In particular, the identification of doping shall be based on the two elements of physical attributes and industry attributes. Then, it is advisable to promptly advance the revision of the Interpretation of Doping Related Crimes, unify the application of the law, and provide stronger criminal justice guarantee for the anti-doping struggle.