The Discussion About Imporvement In The System Of Compulsory Isolation For Drug Rehabilitation

Drug is a public hazard of human society and an important issue related to China’s national security.In recent years,drug abuse has been rampant all over the world.The problems of drug manufacturing,trafficking and abuse are very serious.How to effectively deal with the drug problems has become a global problem.Since the 21 st century,with the increasingly close external relations and the influence of the "Golden Crescent" and "Golden Triangle",China’s drug problem is in a grim situation.Drug crimes are increasingly rampant,posing a major test to the fight against drug control.The introduction of the Drug Control Act in 2007 is a major breakthrough in the construction of China’s drug control legal system.The Drug Control Act,in its fourth chapter,stipulates four measures for drug treatment,namely voluntary drug treatment,community drug treatment,compulsory isolation drug treatment and community rehabilitation.The Act puts forward the isolation for drug rehabilitation by combining the past compulsory drug rehabilitation by the public security organs with the re-education through labor by the judicial and administrative organs.What’s more,in the compulsory drug isolation system,the addicts are endowed with the triple identities of "victim,offender and patient".This people-oriented spirit of legislation reflects the superiority of the compulsory drug isolation system.However,in the actual operation of the compulsory drug rehabilitation,due to the defects of the drug law,the adoption of the re-education through labor system in the management and the lack of professional staff,a lot of problems have emerged,which have affected the realization of the effect of drug rehabilitation and treatment.This paper,divided into four parts,discusses the legal issues in the compulsory isolation for drug rehabilitation practices,makes theoretical analysis on the system of compulsory isolation for drug rehabilitation in the perspectives of jurisprudence and management,and identifies relative problems from the perspectives of public security organs and drug users by doing empirical research.Combining the reality of my work,the last part of this paper,for the improvement of the system,puts forward the idea that the public security organs should yield the executive power of compulsory isolation for drug rehabilitation and retain only the decision-making power;suggests the improvement of the legal provisions related to the supervision of the Act,the introduction of procuratorial organs as external legal supervision institutions,the addition of visitation rights of drug addicts in isolation,the lowering of the threshold of out-patient treatment and the increase of drug intervention,andthe raising of the remuneration for production and labor of drug addicts in isolation.