You are here:Home > Hearings

Hearing is a legal procedure that needs to be carried out before the court or other decision-making body makes decision. It’s an internationally accepted practice to hold hearing before final decision is made so as to give an opportunity to the athletes or sports teams facing punishment to express opinions. The reason to hold hearing in the anti-doping field is to provide an opportunity to the athletes, coaches and relative units that are suspected of performing doping violation to explain, expound as well as defend for themselves. This is not only conducive to ascertain the truth of the matter to make impartial decision but is also able to respect and protect the legitimate interests of the litigants and interested persons to the maximum.
 
Both the World Anti-doping Code issued and implemented in 2003 and the revised World Anti-doping Code 2009 have requested the anti-doping organization being responsible for result management to organize hearing procedures for any litigant who’s accused of doping violation and have specified the basic principles that need to be abided by, meanwhile have requested all anti-doping organizations to formulate the hearing rules being in compliance with the principles based on its own actual situations. In a bid to keep consistent with the internationally-accepted practices and to protect legitimate interests of the athletes and other interested persons, the General Administration of Sport of China issued the Hearing Rules for Doping Violations (Provisional) (hereinafter referred to as Rules) in 2011 with reference to the relative articles of the World Anti-doping Code according to the Anti-doping Code  issued by the state Council as well as relative regulations issued by the General Administration of Sport of China. In the light of the rules, this rule is applicable to the cases in which doping detection result is positive or other doping violations are found and hearing is required to be organized, and the China Anti-doping Agency will organize and implement hearing.
 
In 2012, the China Anti-doping Agency formulated the Working Rules of Hearing Committee and established the hearing committee. This committee is composed of the administrative staff of the General Administration of Sport of China and local sports bureaus, staff of the China Anti-doping Agency, administrative staff of national individual sports associations, athletes, representatives of the auxiliary staff members of the athletes and legists of universities and colleges etc. The committee has strictly performed duties, abided by hearing procedures, ensured litigants’ hearing right, justly taken the opinions of litigants and maintained the independence, fairness and authoritativeness of hearing according to the relative regulations of anti-doping hearing since it’s founded. The target of clear distinction between right and wrong, impartiality and just treatment has been basically realized through the design of this system, and fair, square and timely treatment on doping violations has been ensured, and legitimate interests of athletes have been protected.
 
Along with the progress of the law-ruled society as well as the enhancement of the athletes’ consciousness of rights, the legal procedures like hearing etc. will be more widely applied for the resolution of the sports disputes (such as doping violation etc.), more and more athletes will defend own rights and interests through application for holding hearing, and the anti-doping hearing works will attract more attention from the sports circle, media and the public. The China Anti-doping Agency has been committed to strengthen the construction of our country’s legal anti-doping system, promote fairness, justice, publicity and transparency of anti-doping works and maintain credibility and authoritativeness of anti-doping.

 

1. In case of involvement of bottle B test and analysis, the athletes should submit in person the written hearing application to the China Anti-doping Agency within 5 working days after the test result of bottle B is received and should illustrate the reason for hearing application. In case of no application for or no involvement of bottle B test and analysis, the athletes should submit in person the written hearing application within 10 working days after the notice of positive result or alleged doping violation is received and should illustrate the reason for hearing application. Overdue submission will be deemed as waiver of hearing right.
 
2. Relative units (refer to the units in which the athletes is registered in case positive result is found out of competition; refer to the representative units of the athletes in case positive result is found during competition) should stamp on the hearing application of the athletes, or present permission on the hearing application in the written explanation submitted to the China Anti-doping Agency.
 
3. Normally the hearing will be performed within 20 working days from the date the China Anti-doping Agency received the athletes’ application, the specific time needs to be decided through consultation with the Legal Affairs and Investigation Division.
 
4. The athletes should submit all evidence materials (3-7 copies) required for hearing 3 working days before the commencement of hearing and attach evidence catalog. In case of failure of submission of evidence materials within 20 working days since the application submission day, the athletes should submit written application to the China Anti-doping Agency to postpone hearing. If no evidence materials are submitted and no application for postponement is submitted before hearing, it will be regarded as waiver of the right of hearing.
 
5. The athletes should attend hearing in person or entrust one or two agents to attend hearing together, the agents should be selected and decided by the athletes and relative units. In case of attendance entrusted to the agents, the athletes should submit the power of attorney with his/her signature to the hearing host (as for the form of original copy, please see attachment 1).
 
6. The holding of hearing will not charge the athletes or relative units any fees. The expenses incurred by the athletes and relative units to attend hearing and employ agents should be undertaken by themselves.
 
7. Relative persons should attend hearing in a timely manner with his/her own valid identity documents and relative evidence materials (original copy) and abide by hearing discipline. In case relative persons didn’t attend hearing at the specified time without just causes or leave before the hearing is over without the host’s permission, it will be regarded as waiver of the right of hearing.
 
8. Contact: Legal Affairs and Investigation Division of the China Anti-doping Agency, No. 1 Anding Road, Chaoyang District, Beijing, Tel./fax: 010-84376809.

 

Application for Holding Hearing

To China Anti-doping Agency,

I am athlete XXX (ID No.: XXX). I received notice of positive result of doping test bottle A/ alleged doping violation on XX/XX/XX. I applied/didn’t apply for bottle B test. I received bottle B test results (no need to fill in if bottle B is not tested) on XX/XX/XX. This is to apply for hearing and submit relative evidence materials in a timely manner. The concrete facts and reasons for hearing application are as follows:

I. XXX

II. XXX

III. XXX

Contact: XXX      Tel.: XXXX    Email: XXXX

Address: XXXX

Yours sincerely

                        Applicant: (signature)

                      (Seal of relative units)

      Date:

 

Application for Hearing Postponement

To China Anti-doping Agency,

I am athlete XXX (ID No.: XXX). I submitted application for hearing on XX/XX/XX. This is to apply for postponement of hearing because the investigation and evidence collection process is complicated and takes a long time, it’s impossible to submit all evidence materials required for hearing within 20 working days (or write down other reasons, ). The hearing is suggested to be postponed until XX/XX/XX (should be less than 3 months from the application date).

Yours sincerely

                                   Applicant: (signature)

                          (Seal of relative units)

         Date:

 

Power of Attorney

To China Anti-doping Agency,

I am athlete XXX (ID No.: XXX). I submitted for hearing application on XX/XX/XX, this is to entrust XXX (ID No.: XXX) and XXX (ID No.: XXX) to attend the hearing together with me and assist me with relative procedures.

Yours sincerely

                                      Applicant: (signature)

                                              Date: