An Empirical Analysis Of The System Of Early Release From Compulsory Isolated Detoxification

According to the Narcotics Control Law of the People's Republic of China developed by the Standing Committee,and the Regulation on Drug Rehabilitation developed by the State Council,and other relative laws,the police department are authorized the powers to take compulsory isolated detoxifications to the drug addicts.In the meanwhile,laws and regulations also state that the police department have the power to early release of the compulsory isolated detoxification.In the nature,the power to take and early release the compulsory isolated detoxification is a kind of administrative coercion power.From this angle,the compulsory isolated detoxification will be understood as a kind of administrative coercive measure.In practical,based on the principles of rule of law,the law mainly authorized the judicial administrative department to actually implement the compulsory isolated detoxification,which is aim to separate the power of decisions and implements of the compulsory isolated detoxification.In legal,the police department can only have the drug addicts in compulsory isolated detoxifications up to six months.After that,in the next one and half a year remaining implement period,the drug addicts must be transferred to the judicial administrative department for continuing implements.And according to The Regulations of Diagnostic Evaluation of Compulsory Isolation Detoxification by the Justice Department,the judicial administrative department in the actual implement process not only need to assess the physical and mental health of the drug addicts,but also to measure whether drug addicts reach the standards of early release.When the drug addicts achieve some certain legal standards,they can apply for the early release by the judicial administrative department to the police department to early release of the compulsory isolated detoxification.However,the process of the treatments system of early release of the compulsory isolated detoxifications has a lot of flaws and problems.According to my practical experiences,there are eight aspects of the problem respectively:the police department not granting the legal regulations,the police department giving the legal regulations of ambiguity,the police department applying the wrong legal regulations,the legal regulations applied not inconsistent with the superior laws,the police department not explaining the fact reasons,the police department violated the statutory procedures,and lastly,lacking of effective legal remedies when the drug addicts' early release of the compulsory isolated detoxification are not approved.Generally,these problems arise because the current legal provisions in certain ways still have contradictories,ambiguities and loopholes.Second,the administrative department's actual capacity is limited to directly and strictly enforce the legal requirements.Third,the administrative department's ideology is still not completely transformed.In this regard,this paper presents four possible suggestions surrounding with the basic rights protection:transforming the ideology of the administrative work,improving the legislations and regulations,strictly enforcing the law,and strengthening the social participation.All those analysis and suggestions are considered to improve our country's early releasing of compulsory isolated detoxification system.