What s going on with Sun Yang s new appeal against the ban?

On the evening of July 22, Sun Yang's lawyer team issued the latest statement, which said that Sun Yang had submitted a letter to the company on April 28The Swiss Supreme Court applied to set aside the eight-year ban imposed by the Court of Arbitration for Sport on February 28。In addition to applying for the annulment of the arbitral award, Sun Yang on June 15Application for review of the arbitral award

He also said that during the trial of the case, Sun Yang and his team of lawyers will not accept interviews or make further comments on the case, and will continue to firmly defend their legitimate rights to prove their innocence.

Sun Yang's case began on September 4, 2018, when Sun Yang underwent an out-of-competition doping test in Hangzhou, but the test was not completed due to doubts about the inspectors' qualifications.

In January 2019, FINA ruled that the inspection was invalid and that Sun Yang had not violated the World Anti-Doping Code. Two months later, however, WADA appealed to the Court of Arbitration for Sport (CAS) against the ruling.

Criminal Appeals. It refers to the defendant in a criminal case, the plaintiff and the defendant in a civil lawsuit attached to a criminal case, who is dissatisfied with the court's first-instance judgment and appeals to a higher court. Prosecutorial counter-appeal refers to the fact that the people's procuratorate is dissatisfied with the court's first-instance judgment and files a protest with a higher court, which is the exclusive power of the procuratorate, mainly because the court has made an error in conviction and improper sentencing.

The appeal shall be filed within the statutory appeal period, and the protest does not need to be filed within the appeal time limit.

1.According to article 180 of the Criminal Procedure Law, the following persons may appeal against the judgment and ruling of a first-instance criminal case: the defendant or his statutory **; the defendant's guardian and close relatives with the defendant's consent; The plaintiff, the defendant and their statutory ** persons in civil litigation cases attached to criminal cases may appeal.

2.An appeal may be filed either with the court of first instance or with a higher court;

3.Appeals must be lodged within the statutory time limit, and the appeal period for appeals against judgment is 10 days; The period for appealing against a decision is 5 days. Where an appeal is made during the appeal period, the original judgment does not take effect for the time being.

4.The second-instance judgment or ruling is final, and it takes legal effect at the time of the judgment.

5.Except in exceptional circumstances, the appeal shall be filed in writing and with an appeal brief. Presented against the facts and applicable law of the judgment or ruling.

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What is the reason for the lifetime ban of the Sun Yang incident? Sun Yang's profile profile.

What is the reason for the lifetime ban of the Sun Yang incident?

1. The reason for Sun Yang's ban was "violent resistance to testing", not doping. This result was not unjust to Sun Yang, and the moment he willfully smashed the sample, he should have known that there would be this result.

2. The inspectors did not have authorization documents and corresponding materials, Sun Yang was right to question it, and it was also right not to let the other party take away the samples. But Sun Yang was wrong to instruct the security guard to use a hammer to break the container containing the blood sample, which was the best evidence of his innocence. Now that it's smashed, you can't shout injustice when the plate of violent resistance is buckled on your head.

3. The second review of the opinions of both parties made it clear that the testing procedure was illegal, which was originally beneficial to Sun Yang and was also conducive to the reform of the doping testing agency. However, Sun Yang smashed the nuclear wheel willfully, and the charge of violent resistance to the prosecution was also confirmed, and it was impossible for the judge to turn a blind eye to this fact. The adjustment from 8 years to 4 years in the forbidden blind hole competition is actually a good result, at least Sun Yang's sports career is still retained.

4. Although Western countries have always been arrogant and prejudiced against us, and the results of the second instance are not completely fair and just, we must also admit that Sun Yang is wrong in the way he handles this matter, and at the same time, Sun Yang's usual behavior is also full of willfulness, and he seems to have made too many enemies, which is also a reason why it is very unfavorable to him. This incident also taught us athletes a vivid lesson, to be low-key, not to be impulsive in everything, to be calm.

Sun Yang was banned for eight years by the Court of Arbitration for Sport for doping violations, and Sun Yang appealed the verdict to the Swiss Federal Court. According to the communiqué, Sun Yang pointed out in his application for appeal that an article he had noticed on an internet platform showed that Fratini, the chairman of the arbitration panel in the ICS case, was biased and discriminatory.

The reason for the revocation of Sun Yun's ban was officially announced, and the reason for the revocation was that an arbitrator in the arbitration panel was biased and discriminated against him. Because in our daily life, sports must be the most important thing, and if there is selfishness in the judgment, then it will definitely affect the fate of athletes. In this matter, it also belongs to this bit that the arbitrator is biased against Sun Yang, so it will lead to Sun Yang being banned.

The reason for the revocation must be that Sun Yang did not violate the rules, so these penalties will be revoked.

Because these arbitrators must have some racial or even other aspects of discrimination in their daily lives, they will definitely have selfish motives in the process of issuing arbitrations. These selfishness will also lead to the ruin of Sun Yang's sports career, so the reason for the revocation is also a series of international investigations on Sun Yang, and it has been proved that Sun Yang did not violate the rules. As long as Sun Yang has a clear conscience in this matter, then the truth will surely emerge in front of people's eyes.

The reason why Sun Yang's arbitration result was revoked was also because Sun Yang kept noisily appealing during this period to defend his rights, and only in this way could Sun Yang's career not be ruined.

Due to the bias and discrimination of one of the arbitrators on the arbitration panel of the Court of Arbitration for Sport, the Swiss Federal Supreme Court decided to revoke the eight-year ban imposed by the Court of Arbitration for Sport on Chinese swimmer Sun Yang, and the Court of Arbitration for Sport needs to form a new arbitration panel to make a new judgment. In conclusion, I agree with the official view that no one can ignore the legal rights of individual athletes, and that not everyone can engage in doping testing that is closely related to the vital interests of athletes.

They felt that Sun Yang's ban did not violate some basic principles, and Sun Yang was not violated, so they rejected Sun Yang's request.

Because there is no very substantial evidence, he is unwilling to accept the above, as long as he exercises seriously, he still has a chance to participate in the Paris Olympics.

Because the penalties of the Court of Arbitration for Sport are very reasonable, and there are also basic rules and regulations.

What is the real reason for the rejection? I don't know.

Sun Yang was administratively detained for driving without a license last year, and his career fell into the "three stops" (suspension of training, suspension of competitions, and suspension of commercial activities).

Temporarily disqualified from participating in all competitions at home and abroad; Do not participate in the national swimming team training for the time being; Do not represent the national swimming team in any social activities and new business activities.

But now the ban has long been lifted.