运动员使用兴奋剂行为不宜入罪的法理证成OA

The criminalization of doping by athletes refers to the legal provisions under Article 355-1 of China's Criminal Law,which penalizes athletes using performance-enhancing drugs in major domestic and international sports competitions when the circumstances are severe.However,this approach faces significant challenges.Firstly,legislating such behavior as a criminal offense contradicts Xi Jinping's rule of law philosophy of"good laws and good governance,"and fails to meet the legislative requirements for minor offenses under the scientific legislative perspective.Secondly,it does not align with the practical needs of criminal law application and sports regulations,If such behavior is deemed criminal,it violates the principle of last resort in criminal law,while also creating difficulties in applying the crime of obstructing anti-doping management,thereby increasing the cost of punishing doping-related offenses.