|关键词: “孙杨抗检”事件 世界反兴奋剂机构 国际体育仲裁法庭 样本采集 程序正义
|A Study on Sun Yang’s Anti doping Test from the Perspective of Procedural Justice
|(Law School, Yunnan University of Finance and Economics, Kunming 650221,China)
|The case of “Sun Yang’s AntiDoping Test” ended when the Supreme Court of Switzerland revoked the arbitration award of WADA and sent it back for retrial.Reviewing the development of the case, we can clarify the relationship and division of powers and responsibilities between FINA, IDTM, WADA and CAS. In the procedure of sample collection for doping test, the legal relationship between Sun Yang and samplers is established by the authorization of FINA. The qualification of samplers is related to the major personal rights and interests of athletes and the accuracy of test results. The sample collection without clear authorization and qualification certificate is a violation of the procedure, so Sun Yang can not be expected to cooperate with the sample collection.In the arbitration procedure of CAS, the issues of burden of proof, standard of proof, character evidence and witness appearing in court do not violate the basic requirements of procedural justice.The case of “Sun Yang AntiDoping Test” reflects that there are deficiencies in the construction of auxiliary talents, the cultivation of the spirit of the rule of law and the importance of antidoping in China’s sports industry.The reform of WADA is also urgent to avoid the stereotype of “who will supervise the supervisor”.
|Key words: the case of “Sun Yang’s Anti Doping Test” WADA CAS sample collection procedural justice