Research On The Compulsory Isolation And Rehabilitation System

Compulsory isolation for drug rehabilitation is an administrative coercive measure for the administrative agency to help the drug users to quit drug addiction in a way that restricts their personal freedom through legal procedures for a certain period of time.This paper believes that compulsory isolated detoxification aims not only to help drug users to quit addiction and return to the society,but also to maintain social stability.In practice,the external target to achieve social stability is the main purpose of compulsory isolation of drug rehabilitation,compared with the internal purposes.Therefore,from the perspective of regulation design,compulsory isolated detoxification is mainly to improve the efficiency of decision-making by administrative organs,and adopts the legal standards that facilitate the operation of administrative subjects on applicable conditions.This standard does not truly reflect the seriousness of drug addiction of drug abusers.Judging from the subject of isolation for drug rehabilitation,there are various problems like:the subject lacks a legitimate legal status,the executive entity is diversified,and the subject's powers and responsibilities are not unified.In terms of procedures,the execution period is generally too long,and the enforcement standards caused by the legislative level are not uniform.There are also problems in the implementation like staged execution,heavy labor and light treatment.In terms of supervision and relief,the compulsory isolated detoxification lacks effective external supervision,and the administrative counterpart lacks effective relief measures,and its own legitimate rights and interests are easily violated.The dual purpose determines that compulsory isolated detoxification should take into account the efficiency of public power and the protection of private rights.Therefore,to improve the system of compulsory isolation and detoxification,we should adhere to the principles of human rights protection,power restriction and due process.This paper believes that the applicable conditions of compulsory isolated detoxification should be based on the medical identification criteria of serious drug addiction;should take into account the situation in which the perpetrator has a crime against the society,the subject should be judged,and the judicial subject of the dismissal subject should be realized,and the executive subject should be handed over.The compulsory isolated drug detoxification center of the judicial administrative organ shall solve the professional problems such as the identification and diagnosis of drug addiction by professional third-party institutions.In the procedural state,the state should unify legislation,improve the standardization of procedures,and distinguish the drug addiction situation of administrative counterparts to determine the drug detoxification period reasonably;in the implementation mode,cancel the multi-sectoral implementation,pay attention to the treatment of drug addicts,and improve the effect of drug treatment.In the supervision and relief of compulsory isolated detoxification,the external supervision of the procuratorate is clearly defined,and the administrative counterpart is given sufficient relief rights.