湖北体育科技2024，Vol.43Issue(1)：36-40,5.
妨害兴奋剂管理罪行为要件的具体展开
Specific Research of Behavior in Crime of Interfering with the Control of Stimulants
卜元钏1
作者信息
- 1. 中国政法大学 刑事司法学院,北京 100088
- 折叠
摘要
Abstract
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.关键词
妨害兴奋剂管理罪/保护法益/行为特征Key words
Crime of Interfering with the Control of Stimulants/legal interest/behavioral trait分类
社会科学引用本文复制引用
卜元钏..妨害兴奋剂管理罪行为要件的具体展开[J].湖北体育科技,2024,43(1):36-40,5.
