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In The Process Of Compulsory Isolation Detoxification Determines The Relative Administrative Procedural Rights Protection Research

Posted on:2015-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:J W WangFull Text:PDF
GTID:2296330464459816Subject:Law
Abstract/Summary:PDF Full Text Request
"Anti drug law" established a system of compulsory isolation treatment, the public security organ is the compulsory isolation detoxification of administrative decision, as the government a relating to administrative behavior of the personal freedom of a citizen, to protect its directly related to or involving compulsory isolation detoxification object is the administrative relative person’s legitimate rights and interests. As a strict administrative behavior, the relative administrative procedural rights protection should be taken seriously, have very important significance to protect the forced isolation treatment decisions, enhance administrative action of the government transparency and promote the process of building the rule of law in china. Since 2007, China has issued "the people’s Republic of China", "the narcotics control law of the people’s Republic of China drug regulations", "judicial administrative compulsory isolation detoxification work regulations" and other laws and regulations as well as some provincial regulatory documents, we can see from these laws and regulations, the forced isolation treatment decision process administrative procedures right standard is less and less, especially for the compulsory isolation detoxification determines the relative person of the administrative process of compulsory isolation detoxification decide the object of procedural rights. Compulsory isolation detoxification system in 2008, after the development of nearly 6 years, but still in the compulsory isolation detoxification decided to protect the relative administrative procedural rights in the process of many imperfections. This article attempts from the compulsory isolation detoxification decided to start the legitimacy of procedural rights protection in the process, the process of compulsory isolation detoxification determines the relative administrative procedural rights protection significance, basis and rational analysis of the actual operation of China’s compulsory isolation detoxification decided to process the relative administrative procedural rights research problems in the the last, proposes the construction and the measures to protect China’s compulsory isolation detoxification in the decision process relative administrative procedural rights. The full text is divided into three chapters.The first chapter mainly introduces the research of compulsory isolation detoxification in the decision process the legitimacy of the relative administrative procedural rights protection, including the forced isolation treatment decision process the relative administrative procedural rights definition, content and theoretical and practical significance, the value orientation of the compulsory isolation detoxification decided to process the relative administrative procedural rights is the guarantee to realize the coordination, substantive rights of the public power and private rights, to promote democracy and to maintain the idea of fairness and justice.The second chapter mainly from our country compulsory compulsory isolation detoxification process determine the present situation, and existing problems are analyzed and research.The third chapter in view of our country compulsory isolation detoxification decided to process the relative administrative procedural rights problems, puts forward improvement. Mainly includes the improvement of laws and regulations, perfect compulsory isolation detoxification system, perfect compulsory isolation detoxification administrative procedural participation right, compulsory isolation detoxification in the decision process to introduce the lawyer right of intervention, improve the relief mechanism of compulsory isolation detoxification relative administrative procedural rights.
Keywords/Search Tags:compulsory isolation detoxification relative administrative procedural rights
PDF Full Text Request
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