妨害兴奋剂管理罪行为要件的具体展开OA

The amendment to the Criminal Law,known as Amendment XI,added the Crime of Interfering with the Control of Stimu-lants.The unclear interpretation of its behavioral elements makes this crime have the risk of becoming symbolic legislation,so it is particularly necessary to carry out a standardized analysis.The legal interests protected by the crime of interfering with the administra-tion of doping are the fairness of major domestic and international sports competitions and the physical and mental health of athletes.Under this premise,the behavioral elements listed by the legislation should be divided into three types,promoting type,providing type and pushing type.According to the different behavioral characteristics and the degree of infringement of legal interests,the definition of connotation and extension and the judgment of substantive punishability should be carried out respectively,so as to provide theoreti-cal support for the actual application in judicature.