The System Of Compulsory Isolation Detoxification

In 1979, China found the first case of drug cases, due to special historical conditions caused by the closed-door state so that we have enjoyed a "non-toxic country" the so-called reputation for 30 years. With the rapid development of reform and opening up,the rapid development of the national economy, China and international relations increasingly close,has become a worldwide problem of drug problems also cause serious harm to Chinese society. In recent years, the proportion of drug addicts in China has increased year by year, drug addicts high recovery rate, drug users began to show the phenomenon of younger age, resulting in violence caused by a series of social contradictions were triggered, greatly undermine social harmony."The Anti-drug Law of the People's Republic of China " and the "Detoxification Regulations" introduced, marking the completion of the whole process of including the completion of the drug system, the integration of the original compulsory drug rehabilitation and reeducation through labor,provides a new mandatory isolation and detoxification measures. The new detoxification system from the "people-oriented"concept, will be forced to isolate detoxification workers as "offenders", "patients" and"victims",highlighting the effectiveness of education to maximize the legislative purpose.I am from the perspective of administrative law, "anti-drug law","detoxification regulations" and other laws and regulations as the cornerstone, combined with work practice, forced isolation of drug treatment system.The first part reviews the history of compulsory isolation and detoxification system,and expounds the main contents of compulsory isolation and detoxification system.Before the founding of new China, from the Qing Dynasty to the Kuomintang government on the mandatory detoxification have developed the corresponding provisions of the Chinese Communist Party in the revolutionary base also developed a relevant anti-drug regulations to punish opium; after the founding of new China, in the"anti-drug law" before the introduction of drug addicts to be forced to detoxification is the basic principles of drug treatment; after the introduction of the "anti-drug law", the mandatory isolation of detoxification is a kind of detoxification model (other models include voluntary detoxification, community detoxification and community rehabilitation). Compulsory isolation and detoxification system mainly by the "anti-drug law" provides, including the mandatory isolation of detoxification decision organs, the executive authorities and mandatory isolation of the legal situation of drug isolation and other principles; other relevant laws and regulations and regulatory documents, Personnel reception, management, education, living health, lifting, place settings and other aspects of the specific provisions.The second part introduces the system of compulsory isolation and other effective measures in other countries and regions. It mainly introduces the United States and Germany, which criminalize drug use behavior, and Britain and Japan with medical measures instead of penalties, Finland and Thailand are exempt from drug prosecution,and Compared the detoxification system and measures in Taiwan.In the third part,the author discusses the insufficiency of compulsory isolation and detoxification system in China, combining with the practice and theoretical analysis of compulsory isolation and detoxification. In the legal system to force the isolation of detoxification system there is a neglect of the main law enforcement, the implementation of dual-track mode of operation, and other detoxification model boundaries and other defects. The implementation of mandatory isolation of the basic process of drug treatment, the decision in the approval of the lack of proper judicial process, the existence of the work system loopholes, lack of implementation of the lack of formalities and the lack of effective relief procedures. In the supporting system,the lack of regulatory mechanisms, human rights protection, follow-up care system, while compulsory isolation and other detoxification mode between the lack of effective convergence.The fourth part, the implementation of the problem to solve, put forward the idea of solving the problem of compulsory isolation detoxification system. It is suggested that the legal system of compulsory seizure of drug addiction should be perfected from three aspects: reconstruction of law enforcement power, determination of legal status of law enforcement subject and law enforcement basis, and rationalization of the relationship between drug addiction and other detoxification modes. Through the improvement of detoxification supervision work, to strengthen the implementation of the basic rights and interests of drug addicts protection, improve the system of drug addicts treatment and law enforcement work to make up for the system of compulsory isolation of drug system supporting the lack of system. At the same time to introduce the judicial decision procedures, improve the relief procedures and drug addiction testing standards to ensure the mandatory isolation of the basic process of drug rehabilitation. Finally, it is recommended to cultivate the concept of law enforcement team and strengthen the various departments of drug treatment departments to communicate to force the isolation of detoxification work escort.