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严格责任原则被认为是国际反兴奋剂法律的基本原则之一,但这一原则适用以来,其适用的过于严苛也颇受质疑。通过文献研究法和案例研究法分析了国际反兴奋剂法律解释和适用过程中正在出现的对严格责任原则的适当矫正趋势,这其中,相称性原则的适用尤其值得关注。这一原则的适度适用,体现了实现清白体育的目标与保护运动员个人权利,惩戒性法律报应主义与功利主义价值的平衡。但文章结论也指出,这一原则最终要成为一项反兴奋剂基本法律适用原则还将取决于反兴奋剂技术和能力的发展。
The principle of strict liability is considered as one of the basic principles of international anti-doping laws. However, since the application of this principle, its application has been harsh and questioned. Through the literature research and case study, the appropriate corrective trend of the strict liability principle that is emerging in the process of international anti-doping law interpretation and application is analyzed. In particular, the application of the principle of proportionality is of particular concern. The proper application of this principle reflects the balance between the objective of innocent sports and the protection of personal rights of athletes and the value of exemplary legal reprisals and utilitarianism. However, the conclusion of the article also points out that the principle that this principle should finally become a basic law applicable to anti-doping will also depend on the development of anti-doping technologies and capabilities.