关键词: 《世界反兴奋剂条例》, 推定规则, 兴奋剂, 证明责任, 反驳

Abstract: Presumption, as an irreplaceable method of proof in the rules of evidence, has a crucial impact on the outcome of cases. With the increasing improvement of the anti-doping rule system, the problems related to the presumption rule in the World Anti-doping Code can not be ignored. Using the methods of literature analysis, case study and history research, this paper discusses the basic theory of presumption, and further discuss the problems existing in text content as well as in specific application of the presumption rules in the World Anti-doping Code. It is found that the presumption rules tend to provide more convenient for anti-doping organizations, and fail to fully protect the rights and interests of athletes, resulting in excessive imbalance of interests between the two. Through the study of the text of rules and specific cases, it is found that there are some problems, such as in the establishment conditions of presumption rules, in the actual effect of rules, in the scope and the subject of application, in rebutting presumption rules and so on. These problems lay a foundation for the perfection of presumption rules. This paper finally puts forward specific suggestions to tackle these problems: clarifying the scope of presumption rules application, equalizing the subject of presumption rules application, reducing the obstacles to refute presumption rules, strengthening the supervision and regulation of laboratory misconduct in testing procedure.

Key words: World Anti-Doping Code, the presumption rules, doping, burden of proof, rebut