| As the constant spread of the drug hazard to the society, the state ceaselessly enla rges the investment of the manpower and material resources, at the same time, starts t o rationally rethink the present situation, re-examine the past practice, constantly sum marize the lesson and absorb the new theoretical achievements, finally decides to refo rm the parallel drug treatment mode of the original compulsive drug rehabilitation and the labor drug relinquishing. Through the tough game in the process of legislation, th e compulsive isolated drug rehabilitation system was formed in the mutual compromis e finally. As a new created system through the legislation, the compulsive isolated dru g rehabilitation system was placed the high expectations when it was born. However, for the restriction by the current objective reality in China, and also that there is no co mpleted theoretical research basis at the founding, although it has been born for three years, the relevant supporting laws and regulations have not been founded and consu mmated. This paper researches this system from the following aspects through collecti ng the limited materials and combining the actual conditions learnt.The first part is the research to the concept and the feature of the compulsive isol ated drug rehabilitation system and the analysis to the main body and the content to th e compulsive isolated drug rehabilitation system. This part starts from some basic con cepts like the drug, drug taking and drug treatment, etc. and discusses the rationality a nd necessity of the existence of compulsive isolated drug rehabilitation system. In the main part of the compulsive isolated drug rehabilitation system, through the discussio n to this special group, I can ensure the identity attribute of the "special patient", at th e same time, through the analysis to the feature of compulsive isolated drug rehabilitat ion on the administrative law, I can summarize and differentiate the compulsive isolat ed drug rehabilitation into three levels, and except the decisive activity on the first lev el must be implemented by the administrative subject, the identification and assess ma in body and the main body of the drug treatment premises all need not must be the ad ministrative subject. At the same time, the further analysis to the details of the compul sive isolated drug rehabilitation further proofs the lightness of the judgement to the fe ature.The second part is the analysis to the composition of the compulsive isolated dru g rehabilitation system and lists in detail the main body of compulsive isolated drug re habilitation legal system and details of this legal system relationship. Through the car ding to the series of drug treatment modes taken by our state from the foundation of th e state until now, I have learnt the main experience and the setback met by the drug tr eatment system in our country, and analyzed the reason why we make large efforts an d take the methods which is similar to the preliminary period of the founding of China, but we don’t get the very glorious achievement like that, even we almost can say we are failed. In the analysis of the causes, we can compare with the new compulsive isol ated drug rehabilitation system to have a further understanding to the aim and signific ance of this system, at the same time, through the summarization to the problems in th e current implementation and the thorough analysis to the cause, we can provide the c ondition to put forward the solution in a targeted way in the next step.The third part includes the thought to the problems met in the implementation of the compulsive isolated drug rehabilitation center at present, and the analysis of the w rong understanding to the feature of the supporting laws and regulations system of the compulsive isolated drug rehabilitation, moreover, some targeted suggestions. It also puts forward the specific cases to the identification and appraisal system in the compu lsive isolated drug rehabilitation and the preliminary imagine to the construction of th e supervision system of the compulsive isolated drug rehabilitation, moreover, the spe cific cases to the interest guarantee of the compulsive isolated drug rehabilitation pers onnel. Facing the constant game for the consideration of self interest of each departme nt, the compulsive isolated drug rehabilitation system has not effectively integrated th e present resources and put forward that only taking the existing resources like the fee s and personnel of the compulsive isolated drug rehabilitation system out of the public security system and the judicial labor reeducation system completely and delivering it to the independent National Ban Drugs Commission to deal with to solve the situatio n that after the implementation of the new law, the original two system will be brough t back to be performed in parallel. The final prospective objective of this research is fi rstly confirming that the primary attribute to the drug treatment personnel by the com pulsive isolated drug rehabilitation system is the treatment but not the punishment, sec ondly, the compulsive isolated drug rehabilitation premise shall not only be limited in the detention place of the public security system and the work camp in the judicial ad ministrative department, however, we shall allow other institutions conforming to the conditions to participate in, even can permit the public security administrative authorit y to decide to deliver to the special medical institution conforming to the conditions to implement it, thirdly, it shall establish the independent supervision access institution t o provide the decision basis for the compulsive isolated drug rehabilitation decision a uthority, and do the independent assessment to the drug treatment effect in the implem entation and also providing the support to the protection of the legal interest for the ad dict.In conclusion, I hope this paper will provide the beneficial reference to the establ ishment of one set of more scientific, perfect, effective and humanistic compulsive iso lated drug rehabilitation system. |
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