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On The System Of Compulsory Isolation Detoxification

Posted on:2014-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:X H XuFull Text:PDF
GTID:2266330425493074Subject:Constitution and Administrative Law
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At present, there have two hundred million peoples are using all kinds of drugs, each year about two hundred thousands’ people died in the abuse of drugs, drug problems has became the world problem. Facing the stern situation of drug prohibition, China has successively promulgated the "drug law" and "drug regulations", these two laws and regulations for the original detoxification system defects, in the people-oriented and attention based on the effectiveness of drug treatment, establishment of compulsory isolation detoxification system. In this paper, from the angle of administrative jurisprudence, the compulsory isolation detoxification system on the basis of theoretical knowledge are discussed on the basis of comparison and analysis, compared the north with the south of compulsory isolation detoxification system running status, combined with the actual work points out our country compulsory isolation detoxification system existence the main issues, bring forward to improve the compulsory isolation detoxification system concept of our country, and hope to be helpful on compulsory isolation detoxification system.The article have four parts.The first part, Overview of the system of compulsory isolation detoxification. On the compulsory isolation detoxification in the concept of the " Compulsion "," Isolation "," Detoxification " is analyzed on the basis of understanding, elaborate compulsory isolation detoxification with punishment, administrative, mandatory, closed, education, redress characteristics, to elucidate the nature of compulsory isolation detoxification system is a kind of specific administrative compulsory measures.The establishment of the system of compulsory isolation detoxification is ensured in summary on our country of the basis experience of our country reeducation through labor and compulsory detoxification, for the effective integration of resources and establish a new drug detoxification system. The object of compulsory isolation detoxification treatment are drug addicts, generally for a period of two years, according to the law of compulsory isolation detoxification, executed by the public security organs and judicial organs, and ultimately by the judicial department detention authority in the execution of compulsory isolation detoxification has feasibility and superiority, compulsory isolation detoxification system helps drug addicts self perfection and smooth return to society, effect is obviously.The second part, North and south of compulsory isolation detoxification system running comparison. Jilin Province female compulsory isolation detoxification running status and the South has formed the local characteristics of Jiangsu Province, Zhejiang Province, Yunnan province compulsory isolation detoxification model as an example, to illustrate separately compulsory isolation detoxification system operating status and characteristics and achievements. The north and south of compulsory isolation detoxification system operation condition comparative analysis, aims to find each other and personality shortcomings, to make up for China’s north and south of compulsory isolation detoxification system deficiencies. But our country north and south of compulsory isolation detoxification system of the common problems existing is the priority among priorities, should not be ignored.The third part, the existent problems in our country of compulsory isolation detoxification system. On our country’s compulsory isolation detoxification system has seven main problems are analyzed. First, the legal system is not perfect, the lack of corresponding laws, and regulations,"drug law" and "drug regulations" on the regulations of compulsory isolation detoxification place setting, management problems without detailed descriptions, and some corresponding laws and regulations lack of more serious. Second, organization in disorder, irrational management system. The public security organ is not only compulsory isolation detoxification system decision authority but also executive organ, it is contrary to our idea of the rule of law is not in line with international practice. Third, broad object of compulsory isolation detoxification institutions were to bring heavy pressure. Fourth, the low quality of drug treatment so that the drug effect is not apparent. Fifth, the diagnostic assessment system in assessment of too few times, standardization is not high, low reliability, extended fault imperfections. Sixth, police administrative functions appeared in weight management services in the light of the deviation and standard deviation of power concept. Seventh, supervision mechanism of the procuratorial supervision lack necessary not only, also the lack of judicial review and effective internal and external supervision. Compulsory isolation detoxification system the existence of these problems, can not be ignored, be badly in need of solving.The fourth part, perfect our country system of compulsory isolation detoxification. Based on the above compulsory isolation detoxification system existence the main question, proposed consummates our country compulsory isolation detoxification system conception. First, in perfect legislation, perfect law, regulations on "drug law" and "drug regulations" are added drug regulations, the legislative branch accelerate the introduction to issue "compulsory isolation detoxification system enforcement rules ". Second, the management system to establish clear responsibility, mutual restrict management system, clear that public security organs is determined organs, judicial organs for executing organ. Third, the object of compulsory isolation detoxification should be further standardized the scope, in order to ensure the safety and stability of compulsory isolation detoxification institutions. Fourth, actively explore the new mode of detoxification treatment, focusing on promoting the fine management and build big education pattern. Building the pattern of education to establish the correct educational concept of correction, on the right under the guidance of the idea, the establishment of specialized education and correction and the medical team, and constantly improve during detoxification, rehabilitation period, consolidation period of rehabilitation training work, carries out the necessary place culture construction, increase the follow-up care of drug addicts, this not only can improve the quality of drug treatment, also can effectively reduce relapse rate. Fifth, to establish a scientific, effective, objective, impartial diagnoses and evaluation system. Sixth, reconstruction of compulsory isolation detoxification system of police administrative power, the right of police administrative enforcement measures for the control of the basis, realizes the balacne of public interests and individual interests. Seventh, through the improvement of legislation supervision procedure and the introduction of judicial procedure to improve our compulsory isolation detoxification system of supervision and examination system.
Keywords/Search Tags:Detoxification
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