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1.
Many contemporary forms of doping and anti-doping developed in the 1960s regarding substances, social perception, doping and anti-doping strategies and actors. The first significant steps towards regulation were made during this period. Anti-doping in West Germany was based on the principle of partnership between sport and state. However, it was not a specifically German solution but in line with the common anti-doping strategies of most other European countries. At the same time limits and obstacles of anti-doping became apparent.  相似文献   

2.
《Sport in History》2013,33(1):74-104
The paper emphasizes the idea that in order to avoid present-minded moralizing research on doping history we should consider doping as a socially constructed phenomenon. By examining the most spectacular West German doping scandal of the 1950s, the so-called Brustmann affair, the paper illustrates the difficulties sport physicians as well as sport functionaries faced when it came to deal with innovations in pharmacological performance enhancement. The complexities and ambiguities surrounding doping in the 1950s make evident why turning sport physicians into sport health guardians was a logical option for the sport associations in post war Germany even though ‘doctor's dilemmas’ typical for sport medicine soon emerged.  相似文献   

3.
《Sport Management Review》2015,18(2):268-279
Although the use of banned drugs in sport is not a new phenomenon, little is known about the experiences and perceptions of athletes who have committed anti-doping rule violations. This study qualitatively explored the experiences of 18 athletes (from the sports of bodybuilding, powerlifting, cricket, sprint kayak, rugby league, and swimming) who had committed anti-doping violations. Themes explored included motivations for initiating and maintaining doping, the psychology of doping, deterrents to doping, and views on current anti-doping policy. In most cases doping had started early in their careers. The perceived culture of the sport was considered central to the ‘normalization’ of doping, particularly in bodybuilding. When explaining their decision to dope, athletes engaged in processes or moral disengagement (including advantageous comparison, minimizing consequences and diffusion of responsibility). Ironically, moral arguments were perceived as the most effective deterrents to doping. Findings are discussed in relation to the difficulties in establishing credible deterrents and suggestions for the future development of anti-doping policy.  相似文献   

4.
虽然反对兴奋剂的各类国际法律文件之间是相互关联的,但由于具有盎格鲁-撒克逊风格的《世界反兴奋剂条例》(WADC)包含不同的私法规则,并非所有国家都会承认或在其国内法中进行修改,使其具有世界反兴奋剂机构(WADA)所期望的应有约束性,因此越来越有必要形成一套更加严格和有效的干预规范。随着体育运动与人权之间的联系愈加紧密,各类体育组织和联合会也应当更加尊重保障人权的普遍法律文件,尤其是在进行国际体育仲裁时,尊重并保障被指控兴奋剂违规运动员的辩护权就相当重要。关于兴奋剂争议解决程序和解决方案,西班牙国家法院已有不同路径,但自2021年11月西班牙《反兴奋剂法》颁布以来,国家法院的权限受到限制,仅在某些情况下才能诉诸国际体育仲裁院(CAS)。此外,虽然西班牙在《刑法典》的危害公共卫生罪中规定了兴奋剂犯罪,同时规定了法院对国际范围内运输、贩运兴奋剂物质和方法的行为具有管辖权,但适用该罪名的有效刑事制裁较少。因此,在体育经济市场不公平竞争的大背景下,应当将兴奋剂犯罪列为一种经济犯罪进行惩罚。  相似文献   

5.
While the politicisation of high-performance sport is perceived to represent one of the driving forces behind doping, we know not much how exactly the cold war in sports has affected sporting misconduct in western societies. Therefore, we propose here to distinguish between ideological and institutional politicisation and explicit and implicit acceptance of dubious practices. We apply our framework to analyse the West German ‘air clyster’ affair of 1976 in order to examine to what extent the politicisation of high-performance sport during the cold war affected the search for innovation in performance enhancement. We find that political pressure for improved competitiveness in West German sport had served to create a semi-autonomous high-performance sport sector in West Germany where blurred lines of accountability allowed questionable practices to prosper. While the public despised the use of questionable methods, sportive nationalism served to eclipse dubious practices. West German sport leaders adopted insofar a permissive attitude towards questionable practices as sporting misconduct was not sanctioned. Thus, our results strongly suggest that sport's politicisation during the cold war facilitated the search for performance-increasing methods in western societies.  相似文献   

6.
刘波 《体育与科学》2007,28(6):65-69,48
采用文献综述法和调查访问法,对原东德、原西德和德国统一后的竞技体育概况、目前德国的竞技体育体制与体育俱乐部的关系及其优缺点做了介绍和研究,通过实例分析,说明德国的竞技体育体制建立在俱乐部体制的基础之上,俱乐部体制是德国竞技体育可持续发展,尤其是群众基础较好的项目如足球和冰雪项目保持高水平的基础和保证。  相似文献   

7.
The 150th birthday of the German Labor Party Sozialdemokratische Partei Deutschlands (SPD) provides a good opportunity to research and discuss the genesis of the workers' sport movement in Germany. In this article, the German workers' sport history is placed in a broader context of the development of the German club sports system. This system emerged in the middle of the nineteenth century and was strongly influenced by national or nationalistic, as well as socialist ideas and concepts of workers' sport. The chronological context therefore commences long before 1893, when the socialist workers' gymnastics federation (ATB) was formally founded. The history also does not end in 1933, when the socialist organisations were destroyed by the Nazi regime. The concepts, ideas, visions and morality of workers sports are still alive – at least partly – in current sports.  相似文献   

8.
Background:Determining the prevalence of doping in sport might be useful for anti-doping authorities to gauge the effectiveness of anti-doping policies implemented to prevent positive attitudes toward doping.Using questionnaires and personal interviews,previous investigations have found that the prevalence of doping might be different among different sports disciplines;however,there is no sport-specific information about the proportion of adverse and atypical findings(AAF) in samples used for doping control.The aim of the present investigation was to assess the differences in the frequency of adverse analytical and atypical findings among sports using the data made available by the World Anti-Doping Agency.Methods:The data included in this investigation were gathered from the Testing Figures Reports made available annually from 2003 to 2015 by the World Anti-Doping Agency.These Testing Figures Reports include information about the number of samples analyzed,the number of AAFs reported,and the most commonly found drugs in the urine and blood samples analyzed.A total of 1,347,213 samples were analyzed from the individual sports selected for this investigation,and 698,371 samples were analyzed for disciplines catalogued as team sports.Results:In individual sports,the highest proportions of AAF were 3.3%±1.0% in cycling,3.0%±0.6% in weightlifting,and 2.9%±0.6% in boxing.In team sports,the highest proportions of AAF were 2.2%±0.5% in ice hockey,2.0%±0.5% in rugby,and 2.0%±0.5% in basketball.Gymnastics and skating had the lowest proportions at(≤1.0%) for individual sports,and field hockey,volleyball and football had the lowest proportions for team sports(≤1.4%).Conclusion:As suggested by the analysis,the incidence of AAF was not uniform across all sports disciplines,with the different proportions pointing to an uneven use of banned substances depending on the sport.This information might be useful for increasing the strength and efficacy of anti-doping policies in those sports with the highest prevalence in the use of banned substances.  相似文献   

9.
论述了瑞士联邦法院对国际体育仲裁院(CAS)裁决进行司法审查的一般规定,从撤销或维持CAS裁决的案例等方面,论述了从瑞士联邦法院的司法审查对CAS的影响。以中国、美国、德国等的案例为例,论述了《纽约公约》缔约国对CAS之裁决的司法审查概况。许多CAS仲裁员有丰富的学术背景并接受了较多的仲裁任命。但是,我国乃至亚洲的仲裁员在CAS仲裁员中的比例极低,这是我国体育界和法律界都需要重视的问题,也是CAS要考虑的平衡仲裁员的地域分布问题。"公共政策"没有明确的定义,使得对相关案例裁决的结果难以准确预判。《纽约公约》缔约国众多,难以统一法律规定。作为对CAS仲裁裁决进行司法审查最频繁的国家,瑞士有必要对"公共政策"进行更明确的定义。基于反兴奋剂的严格责任原则,一些无辜的运动员受到了处罚。对于运动员特别是职业运动员来说,这无疑将影响到他们的生计。国际反兴奋剂机构、CAS和包括瑞士在内的国家立法机关都应该考虑改进严格责任规则,严惩兴奋剂事件中的肇事者,豁免对无辜受害者的处罚。  相似文献   

10.
论述了瑞士联邦法院对国际体育仲裁院(CAS)裁决进行司法审查的一般规定,从撤销或维持CAS裁决的案例等方面,论述了从瑞士联邦法院的司法审查对CAS的影响。以中国、美国、德国等的案例为例,论述了《纽约公约》缔约国对CAS之裁决的司法审查概况。许多CAS仲裁员有丰富的学术背景并接受了较多的仲裁任命。但是,我国乃至亚洲的仲裁员在CAS仲裁员中的比例极低,这是我国体育界和法律界都需要重视的问题,也是CAS要考虑的平衡仲裁员的地域分布问题。"公共政策"没有明确的定义,使得对相关案例裁决的结果难以准确预判。《纽约公约》缔约国众多,难以统一法律规定。作为对CAS仲裁裁决进行司法审查最频繁的国家,瑞士有必要对"公共政策"进行更明确的定义。基于反兴奋剂的严格责任原则,一些无辜的运动员受到了处罚。对于运动员特别是职业运动员来说,这无疑将影响到他们的生计。国际反兴奋剂机构、CAS和包括瑞士在内的国家立法机关都应该考虑改进严格责任规则,严惩兴奋剂事件中的肇事者,豁免对无辜受害者的处罚。  相似文献   

11.
体育法治全球化的典型例证与法理分析   总被引:1,自引:0,他引:1  
姜熙 《体育学刊》2012,(3):30-36
以体育法治全球化何以可能着手,对反兴奋剂法治的全球化和国际体育仲裁实践两个体育法治全球化的典型例证进行考察,并针对两者进行法理分析。研究认为世界反兴奋剂法治和国际体育仲裁实践直接推动了体育法治全球化的发展;体育法治全球化将催生全球体育法治体系,这一体系已经演变成一种新的全球法律治理模式,并将为其它领域的国际法律和司法制度发展提供重要的范例。  相似文献   

12.
Abstract

On April 1, 2018, the new standards of compliance to the code of the World Anti-Doping Agency (WADA) came into force. The new standards impact all sports. An important amendment has been made to an article of the existing code ‘Additional Roles and Responsibility of the Parties’. Now, all international federations and the unions in agreement with WADA are obliged to reject applications for holding all sporting events from countries that do not comply with the WADA code. By then, Russian elite sport remained in isolation because the Russian Anti-Doping Agency (RUSADA) had no license from WADA until a compromise agreement allowed Russia back into international sports in September 2018. The probability of obtaining permanent return to international sport was extremely low. In order to obtain the license, Russian sport authorities were asked to agree with the reports of Professor McLaren and to admit the existence of doping support in the country at the state level, which seemed improbable. In Russia, although the new standards of the World Anti-Doping Agency code have not caused special concerns it directly impact Russian elite sport. Unless certain conditions were met by 2019, there was a high probability that Russia would not be able to attend large international competitions in the near future, including the 2020 Tokyo Olympics. The situation dictates the choice of the new strategy of development for Russian sport and new model for the fight against doping, which can be not dependent on WADA. To date, there have been no real checks on WADA’s authority other than occasional decisions in the Court of Arbitration for Sport. Academics who are critical of WADA’s functions often find themselves marginalized when the purported global doping “crisis” should bring “all hands on deck” to provide a humanistic and scientific approach that is best for athletes past, present and future. The functions of WADA in investigating, charging and punishing athletes do not contribute to sustainable development of sport and the sports industry around the world, and create unipolar environment of influence on sports development. Therefore, in this article, we describe some alternative forms and new order of regulation of the anti-doping relations in sport.  相似文献   

13.
青少年是一个国家的希望,我国一向重视青少年运动员反兴奋剂教育工作。中共中央国务院《关于加强青少年体育增强青少年体质的意见》中明确指出:"广大青少年身心健康、体魄强健、意志坚强、充满活力,是一个民族旺盛生命力的体现,是社会文明进步的标志,是国家综合实力的重要方面。"由于青少年运动员年龄小,对反兴奋剂知识了解较少,对使用兴奋剂的行为缺乏鉴别能力,容易发生兴奋剂问题。因此,加强青少年反兴奋  相似文献   

14.
从公共社会政策的视角出发,对体育运动的发展具有非常重要的政策价值。德国是体育运动发展比较发达的国家,体育被纳入了社会政策的范畴,许多城镇都会进行专门的体育发展规划。本文首先概述了德国体育发展的现状,然后介绍了德国体育政策规划的一般步骤和方法,并且以著名的金融城法兰克福为例,从体育赛事、体育组织和体育空间的3个层面讨论了体育政策是如何与城市发展结合起来的,并推动了体育和社会的共同发展。最后,本文探讨了德国的体育发展政策以及规划对于中国体育发展的启示意义。  相似文献   

15.
Paying particular attention to political dynamics within the Eastern-bloc, this article seeks to outline the diplomatic context of what remains the most notorious episode of state-level doping in modern sport history: the cold war-era doping program run by the German Democratic Republic's Stasi national security police and intelligence organisation. To do so, it aims to integrate archival research on the subject with high-level geopolitical analysis. This approach offers more nuanced perspectives on the diplomatic meaning of sport and performance-enhancement in East Germany than is present in the existing literature.  相似文献   

16.
Doping and antidoping are socially constructed, evolving and historically contingent phenomena relying on actors agreeing about allowed and deviant behaviour. Therefore, public discourse about doping represents an important part of the history of doping and antidoping. Content analysis of doping discourse in German quality media Der Spiegel und Die Zeit in the 1950s and 1960s shows that public attention for doping was rather low even though awareness increased due to the politicisation of sport and the rise of anabolic doping. Doping does not appear as a particular pressing but solvable problem. Moreover, doping is not linked to West German sport. In ethical terms, doping is perceived negatively. Neither does there exist a general mistrust in the sport bodies nor are sport bodies or sport policy clearly and resolutely requested to act. Therefore, the well-known 1969 article by Brigitte Berendonk marks a qualitative turn in public doping discourse.  相似文献   

17.
《Sport Management Review》2015,18(2):218-230
Athlete support personnel (ASP) implement drug control policies for sport, such as anti-doping. Interviews with 39 ASP reveal how differences between policy and practice play out in their “lived experience” of anti-doping. While most ASP support the ideology underlying anti-doping at a “common sense” level (using popular drug and sporting discourses such as “drugs are bad” and sporting virtue), they are critical of anti-doping practice. Combined with no direct experience with doping, ASP saw doping as a rare event unlikely to emerge in practice. Most ASP took a laissez-faire approach to anti-doping, relying on managers to know what to do in the unlikely event of a doping incident. Despite broadly supporting the ideas of anti-doping, ASP raised concerns around implementation with regards to Athlete Whereabouts and recreational drug use. In response to hypothetical doping events, a number of ASP would seek to persuade the athlete to discontinue doping rather than meet mandatory reporting obligations. Part of this extended from conflicts between professional and anti-doping obligations (e.g. mandatory reporting and patient confidentiality). ASP demonstrate anti-doping policies are in tension with a practice that systematically normalises substance based performance enhancement early in sporting careers. Anti-doping agencies need to do more to engage with ASP as the “front line” of drug management in sport, including resolving contradictions across policies and in practice.  相似文献   

18.
The question concerning criteria and reasons for prohibition of doping in sports addresses a current issue of sport sciences revolving around the concepts of nature and naturalness which has been discussed controversially for some time. Criticism concerning the conceptual incisiveness with which doping is designated as artificial, thus constituting an illegitimate form of enhancing sports performance, has led to the abolishment of a definition of its essence. Doping is currently defined pragmatically, i.e. as a violation against anti-doping regulations. Doping per se is what is prohibited. The fact that doping is defined normatively a priori raises doubts as to the ethical legitimacy of existing doping prohibitions and questions regarding criteria for including certain agents in the list of forbidden substances. Thus, as a symbol for a global halt to enhancement, prohibition of doping in sports and discussions on artificial performance enhancement are gaining importance in the field of biomedical ethics, i.e. in the debate on human enhancement and endeavours to perfect the human being through biotechnology.  相似文献   

19.
我国体育兴奋剂监管的博弈分析   总被引:2,自引:0,他引:2  
体育兴奋剂是服药者和管理机构之间的一个博弈,服药的程度和监管力度互为反应函数,相互制约。通过博弈论的基本理论.构建了运动员和体育管理机构的混合战略博弈模型,计算出管理机构进行检查的最优战略选择和服药者服用兴奋剂的最优战略选择。并根据分析结果,提出了加大对不服药优秀运动员的奖励、加大对兴奋剂的处罚力度和降低反兴奋剂的检测成本等对策。  相似文献   

20.
《反兴奋剂条例》是我国反兴奋剂法律法规体系的主干。近年来,国际层面反兴奋剂治理的理念、规则、机构、权责都发生了较大变化,国内新修订的《中华人民共和国体育法》《中华人民共和国刑法修正案(十一)》在兴奋剂争端解决、入刑等方面也有新的发展,为我国反兴奋剂工作的法治化、制度化、规范化提供了有力支撑,指明了努力方向。我国《反兴奋剂条例》的修订,应适应当前反兴奋剂工作的需要,构建我国更为完善的反兴奋剂治理和争端解决体系,与国际反兴奋剂治理体系有效衔接,进而推进我国更多地参与国际反兴奋剂治理,提升在反兴奋剂和体育治理中的话语权。建议在《反兴奋剂条例》(修订草案)中明确兴奋剂概念、细化兴奋剂违规类型与违规处罚方式、增加争端解决机制。  相似文献   

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