The Research of Evidence Examination and Evaluation Rules of Court of Arbitration for Sport in Doping Case

Abstract

The Court of Arbitration for Sport is the most authority to hear doping cases, adhering to the idea of sports autonomy, it established the evidence examination and evaluation special rules of doping cases by relying on scientific evidence as the presumption basis and by means of the free proof methods. These rules make a leap in the legal reasoning, using circumstantial evidence as the basis of verdict, breaking through the limitation of admissibility of evidence and being reasonable in a certain period of time. This setting is conducive to cracking down on doping violations and improving the trial efficiency of doping case, however, with the development of science and technology, the science of doping detection becomes increasingly complicated, and the trust basis of scientific evidence is shaken, which exposes some problems such as the confusion between the admissibility and reliability of scientific evidence, and the anomie of doping inspection procedure. In view of this, the evidence examination and evaluation of doping case should expand the scope of examination of the arbitration tribunal, mandatory application of illegal evidence exclusion rules, the reliability of adverse analytical finding should be examined, and the normative role of corroboration evidence rule in non-analytical positive case should be taken seriously.