For a new crime of obstructing doping management,how to determine its protected interests is crucial for its reasonable application.However,among existing views about legal interests,property legal interests and life and health legal interests cannot meet the necessity of legal interest protection,sports-manship interests fail to meet the value criterion,national reputation legal interests cannot meet the norm-ative nature of legal interest protection,and the"sports competition fairness"legal interests supported by many scholars also lack required significance for legal interest protection.The solution proposed in this paper is legal interests of"maintenance of national sports undertakings",which is a new dual legal inter-ests combined with"sports competition fairness",not only undergoing the test of the new crime legal in-terest proof rule,but also applying the legal principle that"suicides should not be punished,but those who assist suicide should be punished".It can also explain why"the athlete himself should not be pun-ished,but other participants can be punished".At the same time,it uses legal interests to elucidate the offense components,so as to avoid the predicament caused by insufficient previous laws,and to give an appropriate interpretation of"serious circumstances".
关键词
妨害兴奋剂管理罪/国家体育/《刑法修正案(十一)》/体育犯罪/新双重法益
Key words
crime of obstructing doping management/national sports/The Eleventh Amendment of Crimi-nal Law/sports crime/new dual legal interests
维普
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