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Study The Issues Of Our Country’s Compulsory Isolation Detoxification On Personal Freedom Limitation

Posted on:2014-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:L LiangFull Text:PDF
GTID:2256330425961668Subject:Law
Abstract/Summary:PDF Full Text Request
China’s drug control laws stipulate the new modes of detoxification, namely with the community as the main body, the voluntary, the compulsory isolation detoxification and the Community rehabilitation,which Constitute the new drug work system with Chinese characteristics.The model reflects the change of our treatment concept. As a compulsory administrative measure,the system of compulsory isolation detoxification pattern is an extremely important content in our country, and it were, that all countries have stated compulsory detoxification system. As the name implies, Compulsory isolation detoxification is to limit the freedom of addicts to compel them to give up addiction.Now Compulsory isolated detoxification is no longer a means of administrative punishment, but a kind of drug treatment. This paper through to study the issues of our country’s compulsory isolation detoxification on personal freedom limitation, combining with the concrete reality of our country in the light of these problems, then put forward feasible suggestions, and constantly improve the regulations of our compulsory isolation detoxification.This paper consists of three parts. The first part introduces the basic theories of forced isolated detoxification system on personal freedom limitation. Firstly, to analyse the connotation of compulsory isolation detoxification compulsory, and point out the triple idensity of addicts:the drug offender, victim and the patient. Then, point out the basic theory from three respects, that is the constitutionality of the personal freedom restricti, The personal right of the civil rights protection and the rule of law concept of people-oriented. At the same time, analyse the development trend of compulsory isolation detoxification system the future.In the second part, the paper evaluate and analyse the problems of China’s compulsory isolation detoxification on personal freedom restriction.It first points out our country’s compulsory isolation detoxification specific legal provisions and their advantages. Then analyzing China’s compulsory isolation detoxification on personal freedom restriction including question of decision subject’s ability, defects of the decision process, the lack of the plan as a whole in the execution process and fusion of different modes.In the third part, the paper introduces the improvement of our country’s compulsory isolation detoxification on personal freedom limitation. Firstly, clearing the principles of how to perfect our country’s compulsory isolation detoxification on personal freedom restriction,such as fundamental content guarantee, procedure restriction and proportionality. Secondly, according to the principles to put forward suggestions, for example, the reasonable decision subject, specific decision procedures, improvement of the execution process mechanism and the joint of different modes.
Keywords/Search Tags:Compulsory Isolation Detoxification, Personal Freedom, The ProportionPrinciple
PDF Full Text Request
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