Abstract:With the issuance of the Interpretation on Several Issues Concerning Doping-Related Criminal Cases and the creation of the offense of “Obstructing Doping Control Management”, China’s criminal regulation of doping has evolved from a legal vacuum, to reliance on general offenses, and finally to a dedicated criminal provision—tightening the criminal net. Today, each stage of doping-related misconduct is covered by some criminal provision, forming a “patchwork” structure centered on the dedicated offense but supported by related crimes. However, due to limitations in legislative technique, disciplinary divides, and contextual gaps, current laws still face problems: vague elements of the dedicated offense, incomplete coverage of prohibited conduct, lack of rules for handling overlapping offenses, unclear judicial standards, and missing coordination mechanisms between legal and sports disciplinary systems. Without improvement, these flaws will weaken criminal law’s deterrent effect and hinder efforts to curb doping crimes. To address this, lawmakers should clarify the elements of the dedicated offense, broaden its scope, and adopt a clear concurrence rule — “the dedicated offense applies first, unless another offense carries a heavier penalty”. Additionally, judicial authorities should work with sports and drug regulatory agencies to issue supplementary guidance, define how doping substances are classified under different offenses, and strengthen the link between criminal sanctions and sports penalties, thereby building a more effective legal framework against doping.
王桢. 我国兴奋剂犯罪刑事立法体系、问题及完善[J]. 《深圳大学学报》(人文社科版), 2026, 43(2): 102-110.
WANG Zhen. The System, Problems, and Improvements of China’s Criminal Legislation on Doping Offenses. , 2026, 43(2): 102-110.