Study Of Drug Taking Control Legislation And Implementation In China

The restraint of drug taking has an important position in the nexus of different stages in the whole working system of drug control. From an historical perspective, the restraint of drug taking of our country has gone through a process of development. The legislation on restraint of drug taking of Qing government developed from the intimidation of punishments into the abstinence of drug addiction forcibly. The legislation of this aspect of the Republic of China changed from light punishment to heavy penalty, and the backed to light punishment. Meanwhile, the legislation of revolutionary base also developed from heavy penalty to light punishment. The development of the legislation on restraint of drug taking after the People’s Republic of China established was.bounded by the reform and opening-up, before which the regulations of this aspect were made mainly in the early1950’s. From the reform and opening-up to1998, the legal system of restraint of drug taking formed gradually which placed emphasis on sustaining severe penalties. The period between1999and2004was the time for the adjustment of the policies on drug control in our country, in which the restraint of drug taking and the measures of abstinence of drug addiction were improving gradually. Anti-Drug Law provides relevant measures of abstinence of drug addiction targeted different situations.The legislation on restraint of drug taking of our country abides by the principle of decriminalization and the principle of protection of human rights of drug addicts on the whole. Based on these principles, five restraining measures of drug taking are adopted in our country:drug detoxification in community, rehabilitation by compulsory insulation, voluntary rehabilitation, community-based drug detoxification and maintenance medication. Drug detoxification in community is a new measure provided by Anti-Drug Law. Rehabilitation by compulsory insulation is created by way of integrating compulsory rehabilitation and detoxification via Reeducation-through-labor, basing on the experiences of abstinence of drug addiction in our county. Rehabilitation by compulsory insulation needs the follow-up recovery measures to consolidate its effects. Voluntary rehabilitation has advantages and also disadvantages. Community-based drug detoxification is different from drug detoxification in community in the time and the object of implication. Maintenance medication mainly depends on the methadone maintenance.This article reviews and criticizes the law, especially the restraining measures of drug taking it adopts, and finds out that rehabilitation by compulsory insulation is the same with detoxification via Reeducation-through-labor essentially and its supervising system needs to be perfected; drug detoxification in community and community-based drug detoxification have difficulties in financial support, maneuverability and efficiency; meanwhile, voluntary rehabilitation has problems in managing medical units, regulating medical acts and protecting the rights of the patients. Then this article puts forward some measures to solve these problems. Rehabilitation by compulsory insulation should be orientated reasonably; the medication should be strengthened, and the segment of compulsory rehabilitation should be perfected. Drug detoxification in community and community-based drug detoxification should be consummated and the supervisory bodies in these two measures should be made clear and definite. On the basis of Anti-Drug Law, the provisions on administration of voluntary rehabilitation and the indemnificatory mechanisms for the community to participate in the establishment of the venues for drug detoxification, and the joint of different measures of drug detoxification must be emphasized. Only in this way can we provide the theoretical support for the enactment and the implement of some related laws and regulations after the enforcement of Anti-Drug Law.