Resconstruction Of The Administrative Power Of Police In System Of Compulsory Isolated Drug Rehabilitation

Promulgated by the Law of the People's Republic of China on Narcotics Control, compulsory isolated drug rehabilitation is a compulsory administrative measure that puts drug addicts in isolated units for drug rehab which is supported by national coercive power. The system combines compulsory drug rehab by public security department with labor education drug rehab. It specifies the quality and range of power of police in drug rehab by law, and protects the legal rights of the addicts. It improves the legitimate and scientific aspects of our drug rehab system. While compulsory isolated drug rehabilitation replaces older drug rehab system, it doesn't thoroughly exclude the disadvantages of the later, which results in a series of problems regarding the definition and scope of the power of police. These problems include the expanding of the jurisdiction body in regards of compulsory isolated drug rehabilitation and the lack of definition on the power of police in regards of the operation of the rehab system. Based on the Law of Narcotics Control and author's over ten year's of working experience, this article studies the current situation of compulsory isolated drug rehabilitation and focuses on reconstructing the power of police in the rehab system with a legitimate and scientific approach..In a time that rule by law and the concept of service-oriented government are deeply rooted among common people, the police department, as the main body of administrative law enforcement, should value the legal rights of addicts and provides services to them by means of compulsory isolated drug rehabilitation. The service consists of management, security service and rehab assistance. From the view point of the Law of Narcotics Control, the first identification of the addicts is no longer law breakers and the supervised. Addicts are special patients and victims of drug crimes. Compulsory isolated drug rehabilitation for them is actually a medical service for ill citizen provided by the state. Based on this concept, the police must change their ideas and roles.Based on Control-Balance Theory of administrative law, author of this article suggests the power of police in compulsory isolated drug rehabilitation system be controlled and limited. When determining a case, the public security department should become a reporting department. A special committee that examines and approves the cases, which was effective back in the time of labor education rehab, should be resumed. When operating drug rehab, a professional diagnose and evaluation committee should replace labor education authorities, and the authority of the police in rehab places should be redefined. To introduce professional drug control organizations into drug rehab system is an effective way to control and limit the power of police. It can protect the police from arbitrary and domineer, and overcome the long-term disadvantages of rule of men in labor education system. Another advantage is to improve the effectiveness of drug rehab using the professional knowledge of these organizations. It underscores the care and service provided to drug addicts by the state.Nowadays, compulsory isolated drug rehabilitation is mainly operated by former labor education centers and the police force remains the same. The two systems have deeply rooted relationship. Thus, to study compulsory isolated drug rehabilitation cannot be separated from studying labor education system. This article compares the two systems, analyses the differences in distributing the power of police. By trading off the advantages and disadvantages of the two systems, the author suggests reasonable means to establish the power of police in the system.