The Lack Of Legitimacy Of The China’s Procedure Of Forced Isolation For The Treatment Of Drug Addiction And Its Correction

It’s the task of China’s forced isolation for the treatment of drug addiction system to get rid of drug addiction for drug addicts,its biggest feature is to limit the freedom of the administrative counterparts through administrative means.Therefore,the legitimacy of decision procedure is vital to guarantee the rights of the administrative counterparts.The purpose of this paper is to analyze the lack of legitimacy of the procedure of forced isolation for the treatment of drug addiction,and put forward some feasible suggestions so that it is more legitimate in the premise of running.This paper consists of four parts.The first part,to analyze the legitimacy of the investigation procedure before the decision of forced isolation for the treatment of drug addiction.To point out some violation of the basic principles of administrative law through the analysis of the unreasonability of the procedure of drug detection and drug addiction and analysis the lack the protection of the rights of the administrative counterparts in the process of drug detection.The second part,to analyze the lack of legitimacy of the procedure for making decision of forced isolation for the treatment of drug addiction.To point out the aspect that public security organs violate the basic principles of constitutional and administrative law through the administrative subject lacking of proper legal status,administrative coercive measures lacking of proper legal basis,decision authority’s in violation of the principles of law,process of decision lacking of judicial supervision.The third part,to analyze the lack of legitimacy of the procedure of deterministic process for changing the terms of forced isolation for the treatment of drug addiction.To dissertate the above point from the enforcement authority no right to decide in violation of the principle of equal rights and responsibilities,doubt of rationality of the enforcement authority to exercise right of diagnosis and evaluation,lacking of relief rights for the administrative counterparts in the procedure of deciding term changing.The forth part,to put forward correction suggestions of forced isolation for the treatment of drug addiction.Divided into two aspects:first,to suggest the legitimacy of procedure for making decision of forced isolation for the treatment of drug addiction,from the aspects of reconfigure administrative power,changing addiction identification and diagnosis assessment system,and improve the decided human rights protection,introducing the judicial supervision mechanism;second,consideration for the future procedure for making decision of forced isolation for the treatment of drug addiction,by contrasting with forced medical procedures for mental patient who is not criminally responsible,pointing out the similarity of the two and learning from the later,to design new system of forced isolation for the treatment of drug addiction that incorporate the decision-making process into the judicial process to guarantee the legitimacy of its implementation.