第27届奥运会拉杜坎兴奋剂事件引发的法学思考

悉尼奥运会的拉杜坎兴奋剂事件，是近几年世界反兴奋剂进程中具有启示意义的典型案例。该事件及其后的反兴奋刑立法进程表明：反兴奋刑立法的核心理念是公平原则；反兴奋剂司法面临诸多的两难境地，“严格责任”是其两难之下的边际选择，也是提高司法效率的应对之策；反兴奋刑执法如山的威势之中也蕴含着以人为本的人文关怀；反兴奋剂法律也有无奈，也有不及。因而，反兴奋剂与用兴奋剂的斗争不会停止，人类永远需要正义和智慧。     

The role of the athletes’ entourage on attitudes to doping

ABSTRACT

The present study investigated athletes’ and coaches’ beliefs about the role of athletes’ entourage in deterring or promoting doping. Competitive athletes and coaches in Greece and Australia took part in semi-structured interviews. Our analysis of the interviews produced five main themes: coach influence, peer influence, doping stance, doping stigma, and entourage’s culture. Overall, coaches and peers having a close and trusty relationship with the athletes were considered most influential with respect to doping-related decisions. The majority of the athletes held a strong anti-doping stance but could not articulate why they held this position. This inability could be ascribed to the stigmatization of doping which led to lack of knowledge and anti-doping education. Finally, an anti-doping culture in the athletes’ environment was considered central to an anti-doping stance. The study findings provide valuable information towards a comprehensive understanding of the role athletes’ entourage can play in shaping athletes’ attitudes and decision for doping.     

Australian athlete support personnel lived experience of anti-doping

Athlete support personnel (ASP) implement drug control policies for sport, such as anti-doping. Interviews with 39 ASP reveal how differences between policy and practice play out in their “lived experience” of anti-doping. While most ASP support the ideology underlying anti-doping at a “common sense” level (using popular drug and sporting discourses such as “drugs are bad” and sporting virtue), they are critical of anti-doping practice. Combined with no direct experience with doping, ASP saw doping as a rare event unlikely to emerge in practice. Most ASP took a laissez-faire approach to anti-doping, relying on managers to know what to do in the unlikely event of a doping incident. Despite broadly supporting the ideas of anti-doping, ASP raised concerns around implementation with regards to Athlete Whereabouts and recreational drug use. In response to hypothetical doping events, a number of ASP would seek to persuade the athlete to discontinue doping rather than meet mandatory reporting obligations. Part of this extended from conflicts between professional and anti-doping obligations (e.g. mandatory reporting and patient confidentiality). ASP demonstrate anti-doping policies are in tension with a practice that systematically normalises substance based performance enhancement early in sporting careers. Anti-doping agencies need to do more to engage with ASP as the “front line” of drug management in sport, including resolving contradictions across policies and in practice.     

The final frontier of anti-doping: A study of athletes who have committed doping violations

Although the use of banned drugs in sport is not a new phenomenon, little is known about the experiences and perceptions of athletes who have committed anti-doping rule violations. This study qualitatively explored the experiences of 18 athletes (from the sports of bodybuilding, powerlifting, cricket, sprint kayak, rugby league, and swimming) who had committed anti-doping violations. Themes explored included motivations for initiating and maintaining doping, the psychology of doping, deterrents to doping, and views on current anti-doping policy. In most cases doping had started early in their careers. The perceived culture of the sport was considered central to the ‘normalization’ of doping, particularly in bodybuilding. When explaining their decision to dope, athletes engaged in processes or moral disengagement (including advantageous comparison, minimizing consequences and diffusion of responsibility). Ironically, moral arguments were perceived as the most effective deterrents to doping. Findings are discussed in relation to the difficulties in establishing credible deterrents and suggestions for the future development of anti-doping policy.     

ADAMS问答

1什么是ADAMS？ 《世界反兴奋剂条例》规定,世界反兴奋剂机构（以下简称WADA）有义务协调全球反兴奋剂工作,并提供利益相关方执行该条例的机制。     

兴奋剂检查官——神圣的职责

随着体育事业的飞速发展,竞技体育运动竞争日益激烈,荣誉、金钱等诸多因素诱使运动员、教练员等误入歧途,试图通过不正当的方式提高运动能力和运动成绩,导致兴奋剂在世界体坛滋长蔓延。科技的进步,使兴奋剂的使用手段越来越"高明",反兴奋剂工作也变得越来越艰难。兴奋剂检查作为反兴奋剂工作中的重要环节之一,其重要性不言而喻。兴奋剂检查官作为兴奋剂检查的执行者,在兴奋剂检查中扮演着重要的角色,他们的特殊工作与运动成绩、国家荣誉和国际义务息息相关。     

The Munich Olympics 1972: Its Impact on the Relationship Between State,Sports and Anti-Doping Policy in West Germany

This article about doping and anti-doping measures and policy in West Germany in the context of the 1972 Olympic Games in Munich is part of a research project about ‘Doping and Anti-Doping in West-Germany’, supported by the German Government. The intention of this paper is to describe, analyse and discuss the process of changing relationships between state (including various governing sports bodies) and sport (including the German sport associations and federations) in West Germany in the context of the Munich Olympics, and how doping and anti-doping was dealt with in national and international high-level sports. The paper is based on relevant archives and documents from governmental and sports organizations, as well as on the current German and international state-of-the-art of doping (and anti-doping) research.     

The public perception of doping in sport in Switzerland, 1995-2004

The article reports findings on the perception of doping and anti-doping policies from four representative population surveys carried out in 1995, 1998, 2001, and 2004, as well as from a 2005 - 2006 survey of top-level athletes in Switzerland. The results show a growing public awareness for doping issues and increasing support for a comprehensive anti-doping strategy in Switzerland. The vast majority of the Swiss population and top-level athletes are strongly against doping and support a strategy that combines strict prohibition and sanctioning with informational and educational efforts. The perception of the doping issue and the strategic preferences in fighting doping stated by the public are largely in line with the current anti-doping strategy followed by the Swiss authorities. The results thus suggest a successful use of information resources by the authorities to create public awareness and to communicate its strategy.     

The IOC and the doping issue—An institutional discursive approach to organizational identity construction

To show why the 1998 doping scandals led to the establishment of the World Anti-Doping Agency, this paper investigates how the IOC has created its organizational identity once confronted with the emergence of doping in sport. The paper endorses a new institutional understanding of organizations, which is combined with a critical discourse analytical framework. Through a systematic reading of the Olympic Review between 1960 and 2003 four main anti-doping discourses are outlined: health scientific, ethical, legal and educational discourses construct the meaning-providing horizon of IOC anti-doping commitment. The 1988 Ben Johnson doping incident is crucial for the understanding of the organizational changes occurring 10 years later. Immediately following the Seoul Olympic Games the IOC applies a warfare genre, which frames anti-doping as a declaration of war and constructs a narrative of the IOC as leading a successful battle against doping. The 1998 doping scandals reveal the opposite. Subsequently, WADA can be labelled IOC's institutionalization failure.     

我国体育兴奋剂监管的博弈分析

体育兴奋剂是服药者和管理机构之间的一个博弈，服药的程度和监管力度互为反应函数，相互制约。通过博弈论的基本理论．构建了运动员和体育管理机构的混合战略博弈模型，计算出管理机构进行检查的最优战略选择和服药者服用兴奋剂的最优战略选择。并根据分析结果，提出了加大对不服药优秀运动员的奖励、加大对兴奋剂的处罚力度和降低反兴奋剂的检测成本等对策。     

伦敦奥运会兴奋剂检查新举措

第30届夏季奥林匹克运动会即将在伦敦拉开帷幕。为了做好反兴奋剂工作,伦敦奥组委（LOCOG）与国际奥委会（IOC）、世界反兴奋剂机构（WADA）、国际单项体育联合会等机构密切合作,力争通过整合全世界最优秀的人力资源,利用最先进的检测设备,为伦敦奥运会搭建一个严格、精准、全面的反兴奋剂工作体系。     

我国《反兴奋剂条例》修订的发展特点、基本思路与现实进路

《反兴奋剂条例》是我国反兴奋剂法律法规体系的主干。近年来,国际层面反兴奋剂治理的理念、规则、机构、权责都发生了较大变化,国内新修订的《中华人民共和国体育法》《中华人民共和国刑法修正案（十一）》在兴奋剂争端解决、入刑等方面也有新的发展,为我国反兴奋剂工作的法治化、制度化、规范化提供了有力支撑,指明了努力方向。我国《反兴奋剂条例》的修订,应适应当前反兴奋剂工作的需要,构建我国更为完善的反兴奋剂治理和争端解决体系,与国际反兴奋剂治理体系有效衔接,进而推进我国更多地参与国际反兴奋剂治理,提升在反兴奋剂和体育治理中的话语权。建议在《反兴奋剂条例》（修订草案）中明确兴奋剂概念、细化兴奋剂违规类型与违规处罚方式、增加争端解决机制。     

青少年业余运动员使用兴奋剂原因分析

本文透过2002年沈阳体校和2006年鞍山市田径学校集体使用兴奋剂事件,对青少年业余运动员使用兴奋剂这一问题从经济利益、升学、心理、教练员和现有反兴奋剂条件限制等多方面进行了原因分析,并结合分析结果,从加大反兴奋剂工作的宣传教育、加强教练员和有关人员职业道德、进一步加大、完善相关处罚力度和措施等几个反面提出了自己的建议,以供有关职能部门参考。     

Doping in sport: an analysis of sanctioned UK rugby union players between 2009 and 2015

To inform anti-doping policy and practice, it is important to understand the complexities of doping. The purpose of this study was to collate and systematically examine the reasoned decisions published by UK Anti-Doping for doping sanctions in rugby union in the UK since the introduction of the 2009 World Anti-Doping Code. Case files were content analysed to extract demographic information and details relating to the anti-doping rule violation (ADRV), including individuals’ explanations for how/why the ADRV occurred. Between 2009 and 2015, 49 rugby union players and one coach from across the UK were sanctioned. Over 50% of the cases involved players under the age of 25, competing at sub-elite levels. Reasons in defence of the ADRV focused on functional use and lifestyle factors rather than performance enhancement. An a priori assessment of the “need”, “risk” and “consequence” of using a substance was not commonplace; further strengthening calls for increasing the reach of anti-doping education. The findings also deconstruct the view that “doped” athletes are the same. Consequently, deepening understanding of the social and cultural conditions that encourage doping remains a priority.     

Evaluation of an anti-doping intervention for adolescents: Findings from a school-based study

The present study investigated the effectiveness of a school-based intervention in promoting an anti-doping culture in adolescents. Participants were 218 high school students attending Health Education programs in Greek secondary education. Students completed a questionnaire including measures of attitudes towards nutritional supplement and doping use, social norms and norm salience, and values and harms of sport. The intervention consisted of 10 teaching units focusing on the health, moral, social and psychological aspects of nutritional supplement and doping use. The results showed that intervention group participants reported significantly weaker attitudes towards doping use, and increased norm salience. Health was ranked as the most important value of sport in both intervention and control groups, and doping use was ranked as the most important threat to the integrity of sport in the intervention group. The findings are discussed with respect to policy making and the role of school-based interventions in promoting an anti-doping culture in young people.     

我国反兴奋剂教育资格准人制度

使用兴奋剂不仅危害运动员的身心健康。而且破坏公平竞争的体育精神,甚至严重损害国家形象和荣誉。为积极预防兴奋剂问题的发生。使反兴奋剂教育和管理工作落到实处。我国在反兴奋剂宣传教育工作中,不断加强教育力度,创新教育手段和方式,拓展教育的广度和深度,提高教育的成效。在工作过程中,逐渐形成了一些常规做法,     

Ausblick auf die Zukunft der Anti-Doping-Bewegung

The reinforced anti-doping efforts, which were initiated with the foundation of the World Anti-Doping Agency, stand before a next development step. With the amendment of the World Anti-Doping Code in 2015, critical choices are to be made in order to achieve global harmonization. In particular the repressive system has proved not to be optimized and access to education and prevention of doping also needs to be reconsidered. Based on the practical experiences of the Austrian anti-doping work and the examination of the present situation open and fundamental problem areas are identified in order to provide impetus and solutions for the international anti-doping efforts.     

反兴奋剂基本理论问题研究

运用文献资料、逻辑分析等研究方法,对反兴奋剂进行了比较全面的梳理和研究。研究认为:兴奋剂有害于运动员的健康,兴奋剂造成不公平竞赛,兴奋剂破坏运动的公正性,因此必须进行相关的政策规制。从兴奋剂定义的法学探究出发,对建立有效的反兴奋剂政策进行了探讨。同时也面临着棘手的问题和挑战,诸如如何获得足够的资源,如何应付运动员不断的尝试使用新药,其在科学上所带来的挑战,以及如何维系政治上对于兴奋剂工作的支持等方面。     

关于竞技体育中兴奋剂问题的研究

对兴奋剂在世界竞技体育中的使用与禁用进行回顾与反思,诠释兴奋剂的定义及种类,归纳兴奋剂的滋生、蔓延、危害,提出了兴奋剂泛滥的根源,提出竞技体育运动反兴奋剂的对策。