The Omission Of Punishment Function In Forced Isolation Drug Rehabilitation System

In order to meet the actual needs of anti-drug work in the new era,China's Anti-Drug Law has established four drug rehabilitation models: voluntary detoxification,community detoxification,forced isolation drug rehabilitation,and community rehabilitation.The forced isolation drug rehabilitation system replaced the previous forced drug rehabilitation and reeducation through labor.The official promulgation of the "Drug Addiction Regulations" further clarified the principles of "people-oriented,scientific rehabilitation,comprehensive correction,and care and assistance" for drug rehabilitation work.Although legislators have laid the groundwork for humanism in terms of purpose and principle,the punitive nature of forced isolation drug rehabilitation is inevitable and inherent.The lack of punitive orientation of forced isolation drug rehabilitation has led to arbitrary law enforcement by relevant departments,and insufficient attention has been paid by various regions and departments to the seriousness of law enforcement.They often proceed from the interests of their own departments,have different management methods,have a large flexibility space,and have different management concepts,and have not formed a positive interaction.There is no synergy in drug rehabilitation.Due to the lack of punitive orientation of forced isolation drug rehabilitation,the law has given the public security organs too great discretion to restrict personal freedom of forced isolation drug rehabilitation personnel,and has not introduced strict control and supervision procedures.The lack of external power confrontation,checks and balances and separation will inevitably lead to the maximization of departmental interests and abuse of power,leading to human rights violations against vulnerable groups.When a person is conscious and has his own ability to act,depriving him of personal freedom,regardless of the purpose,is a clear punishment.Forced isolation drug rehabilitation is not only a medical measure,but also a means of punishment.Its punitive and medical nature should be equal,and even its punitive should occupy a dominant position.Forcedisolation drug rehabilitation should be a punishment for a small number of serious drug addicts.However,its punitive orientation has disappeared in the Anti-Drug Law,resulting in many problems that can not be effectively solved.We must recognize the punitive nature of forced isolation drug rehabilitation,recognize the punitive reality of forced isolation drug rehabilitation,clearly reflect the punitive nature of forced isolation drug rehabilitation in the legal provisions,and determine the punitive position of forced isolation drug rehabilitation in the legislative system.In this way,we can improve the system of drug control and the rule of law,ensure that there are laws to be followed,and resolve conflicts and contradictions between forced isolation drug rehabilitation and human rights protection,procedural justice,and policy efficiency at the three levels of practice,value,and system,and ensure that the drug control legal system becomes a "good law."...