Research On The Legal System Of Compulsory Isolation For Drug Rehabilitation In China

In June 2008,the drug control law of the People’s Republic of China was formally promulgated and put into effect.The former drug rehabilitation model,which was dominated by compulsory drug rehabilitation and reeducation-through-labor,was combined into a compulsory isolation drug rehabilitation model.At the same time,the system of compulsory isolation for drug rehabilitation has also come into being.At the national and local levels,around the legislative principle of educating and treating drug addicts,a series of laws and regulations have been introduced,but for a young system,it still has a lot of Immature place,there is still room for improvement.Based on the judicial practice,this paper makes a comparative analysis of the legal system of drug rehabilitation in foreign countries and puts forward some suggestions to improve the legal system of compulsory isolation drug rehabilitation in China.This paper is divided into six chapters.The first chapter is the introduction,which introduces the purpose and significance of the paper,the research status and innovation of compulsory isolation detoxification at home and abroad.Domestic scholars pay more attention to the direction of compulsory isolation,but less to the direction of the legal system.There is a lot of room for improvement in the process of legislation and law enforcement of compulsory isolation drug rehabilitation legal system in China.The second chapter is the compulsory isolation drug treatment and its legal system in our country,it introduces the concept and characteristics of compulsory isolation drug treatment in detail,discusses several kinds of arguments about its legal nature,and puts forward its own view that it belongs to administrative compulsory measures,this has laid a foundation for the full-text research,at the same time,it also takes “The People’s Republic of China anti-drug law”as the node,comprehensively combs the development process of China’s compulsory isolation drug rehabilitation system.The third chapter compares the legislative model of drug abstention and the local choice,analyzes and classifies the relevant laws and regulations of drug abstention and the model of drug abstention,and compares it with the legislative choice of drug abstention in China,draw lessons from foreign laws and regulations on drug control and rehabilitation.The fourth chapter discusses the prominent problems existing in the compulsory isolation drug treatment system in our country,the legislative mode is not perfect enough,the dual track of Public Security and judicature leads to the ambiguity of power and responsibility,and the places of compulsory isolation drug treatment lack effective supervision,problems such as the lack of protection of the rights of the compulsory isolation drug addicts.The fifth chapter puts forward the suggestion of consummating our country compulsory isolation drug rehabilitation legal system,consummates the legislation.The“One-stage”execution system will be changed from“Two-stage”execution to “One-stage”execution of public security decisions and judicial execution,and effective supervision will be established to improve the protection of the rights of drug addicts.Chapter Six is the conclusion.Sum Up the full text of compulsory isolation drug rehabilitation legal system,and proposed the future development direction of compulsory isolation drug rehabilitation.