The Research Of The Legal System Of Compulsory Isolation Detoxification In China Under The Perspective Of Drug Laws

Drug problem has become a worthy of attention of the world’s social problems,especially in recent years,drug addiction and crime phenomenon,seriously affected the smooth development of the society.The United Nations office on drugs and crime,according to the 2016 world drug report,there are about 250 million people worldwide using at least one drug in 2014,and 29 million people having drug addiction problem.In 2014,207 thousand people among them died as a result of drug abuse and cause death.So,faced with such serious situation of drug,the drug problem has become a recurring illness the whole society has to face.On June 1,2008,our country issued a "drug laws of the People’s Republic of China",for the first time explicitly put forward the concept of "compulsory isolation detoxification",making an important contribution for our country prohibition legislation,comprehensive norms of drug ban work in China,which is a landmark breakthrough and innovation,and is of epoch-making significance.But because of the ambiguity of the anti-drug law legislation,it does not give full play to its guiding role in practice,which leads to compulsory isolation detoxification in practice has difficulty in breaking through the system bottleneck problem.Such as compulsory isolation detoxification,low level for examination and approval of subject,and the approval process is not standard,which will cause harm to the legitimate rights and interests of addicts.So,only perfecting the legal system of drug in the legislation,regulating the legal provisions,can make the public security organization in the system of compulsory isolation detoxification better regulate their own behavior,so that the administrative relative person can get better legitimate rights and interests.Based on the theory of human rights protection,the due process theory and the theory of administration according to law legal support,the paper treats the defects of China’s compulsory isolation detoxification in system level as a starting point,using literature research,value comparison method and field survey method,and studies the legal issues arising from the work of the compulsory isolation detoxification perform.The author thinks that the compulsory isolation detoxification,as means of detoxification of a restriction of personal freedom,needs strict decision procedure in the legislation and the approval process.Therefore,the process should have a higher subject right to exercise the decision,and then a decision should be introduced in the process of hearing system and the process of the legal supervision.