Research On The Legal Status Of The Forced Isolation Drug Addiction Rehabilitation Centers

The Anti-drug Law of the People’s Republic of China, promulgated on June1,2008andhereinafter referred to as the Anti-drug Law, prescribes the forced isolation drug addictionrehabilitation system of the PRC. As the dominant drug addiction rehabilitation measures inthe subsequent years in Mainland China, the forced system, incorporating into one unifiedpractice the forced drug addiction rehabilitation governed by the public security organs andthe reeducation drug addition rehabilitation through labor by the judicial administrativedepartments, provides the public security organs as the ones deciding the forced isolation drugaddiction rehabilitation while the isolation drug addiction rehabilitation centers as the placesimplementing the drug addiction rehabilitation; however, it fails to define the jurisdiction ofthese centers. The Regulations on Drug Addiction Rehabilitation, promulgated on June26,2011and hereinafter referred to as the Regulations on Drug Addiction Rehabilitation,proposes the practice of forced isolation drug addiction rehabilitation by the public securitiesorgans and the judicial administrative departments in steps and phrases, which prescribes thatthe drug addicts under3or6month’s control of the public security organs shall be transferredto the judicial administrative departments for further forced isolation drug addictionrehabilitation.This thesis, beginning with the system formation basis of the forced isolation drugaddiction rehabilitation, our two preexisting drug addiction rehabilitation practices by forceand labor, mainly analyzes the concepts, formation and developments between these two andcarry out the reflection of the drug addiction system, followed the explanation of the legalcomponents of the forced isolation drug addiction rehabilitation; in the end, the concept,attributes and features of the forced isolation drug addiction system are clearly defined. Bytaking deep analysis of the reasons and results of the functional defects of the forced isolationdrug addiction rehabilitation centers, this thesis proposes that the centers should bereconstructed in five functional aspects and finally makes a tentative approach to the legalstatus of the forced isolation drug addiction rehabilitation centers; in comparison with thelegal status features of the forced isolation drug addiction centers under the respectivejurisdictions of the public security organs and judicial administrative departments, this thesisbrings forward the proposal that the judicial administrative departments should be the sole organs to implement the forced isolation drug addiction rehabilitation, and improve anddefine the legal status of the rehabilitation centers for future legal implementation andreferential concerns.