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What is the fundamental solution to drug control in China?
"The policy of giving priority to prevention, comprehensive treatment, and simultaneous prohibition of planting, trafficking and smoking is implemented in drug control. Implement a unified leadership of the government, the relevant departments have their own responsibilities, and the society participates extensively. "
"the State Council has established the National Narcotics Control Committee, which is responsible for organizing, coordinating and guiding the national drug control work. Local people's governments at or above the county level may, according to the needs of drug control work, set up drug control committees to organize, coordinate and guide drug control work within their respective administrative areas. " "People's governments at or above the county level shall incorporate drug control work into the national economic and social development plan and include drug control funds in the fiscal budget at the corresponding level."
"The state encourages social donations to drug control work and gives preferential tax treatment according to law."
"The state encourages scientific and technological research on drug control, and promotes advanced drug control technologies, equipment and drug rehabilitation methods."
"The state encourages citizens to report drug-related crimes."
Extended information:
Drug Control Law of the People's Republic of China
The Drug Control Law of the People's Republic of China was adopted by the 31st Session of the 1th the NPC Standing Committee of the People's Republic of China on December 29th, 27. It is hereby promulgated and will come into force on June 1st, 28.
chapter I general provisions
article 1 this law is formulated for the purpose of preventing and punishing drug-related crimes, protecting citizens' physical and mental health and maintaining social order.
article 2 the term "drugs" as mentioned in this law refers to opium, heroin, methamphetamine (ice), morphine, marijuana, cocaine, and other narcotic drugs and psychotropic drugs that can make people addicted to human beings under state control.
according to the needs of medical treatment, teaching and scientific research, narcotic drugs and psychotropic drugs can be produced, managed, used, stored and transported according to law.
article 3 drug control is the common responsibility of the whole society. State organs, social organizations, enterprises and institutions, other organizations and citizens shall perform their duties or obligations in drug control in accordance with the provisions of this Law and relevant laws.
Article 4 The anti-drug work shall follow the principle of giving priority to prevention, comprehensive treatment, and simultaneous prohibition of planting, trafficking and smoking.
The anti-drug work is under the unified leadership of the government, with the relevant departments taking their respective responsibilities and the society participating extensively.
Article 5 the State Council shall set up the National Narcotics Control Committee, which shall be responsible for organizing, coordinating and guiding the national drug control work.
local people's governments at or above the county level may, according to the needs of drug control work, set up drug control committees to be responsible for organizing, coordinating and guiding drug control work within their respective administrative areas
Article 6 People's governments at or above the county level shall incorporate drug control work into their national economic and social development plans and include drug control funds in their fiscal budgets at the corresponding levels.
article 7 the state encourages social donations to drug control work and gives preferential tax treatment according to law.
article 8 the state encourages scientific and technological research on drug control, and promotes advanced drug control technologies, equipment and drug rehabilitation methods.
article 9 the state encourages citizens to report drug-related crimes. People's governments at all levels and relevant departments shall protect informants, and commend and reward those who have made meritorious reports and units and individuals who have made outstanding contributions in drug control work.
article 1 the state encourages volunteers to participate in anti-drug publicity and education and social services for drug rehabilitation. Local people's governments at various levels shall provide guidance and training to volunteers and provide necessary working conditions.
chapter ii anti-drug publicity and education?
article 11 the state adopts various forms to carry out nationwide anti-drug publicity and education, popularize drug prevention knowledge, enhance citizens' anti-drug awareness, and improve citizens' ability to resist drugs consciously.
the state encourages citizens and organizations to carry out public anti-drug publicity activities.
Article 12 People's governments at all levels should regularly organize and carry out various forms of anti-drug publicity and education.
Trade unions, the * * * Communist Youth League and women's federations should organize anti-drug publicity and education according to the characteristics of their respective working objects.
Article 13 Education administrative departments and schools shall incorporate anti-drug knowledge into education and teaching contents, and carry out anti-drug publicity and education for students. Public security organs, judicial administrative departments and health administrative departments shall provide assistance.
Article 14 Relevant units such as news, publishing, culture, radio, film and television shall conduct targeted publicity and education on drug control for the society.
Article 15 Operators and managers of airports, railway stations, long-distance bus stations, docks, hotels, entertainment places and other public places shall be responsible for the publicity and education on drug control in their own places, implement preventive measures against drug control and prevent drug-related crimes from happening in their own places.
article 16 state organs, social organizations, enterprises, institutions and other organizations should strengthen publicity and education on drug control for their own personnel.
article 17 residents' committees and villagers' committees shall assist the people's governments and public security organs and other departments to strengthen anti-drug publicity and education and implement anti-drug preventive measures.
Article 18 Parents or other guardians of minors shall educate minors about the dangers of drugs and prevent them from taking or injecting drugs or engaging in other illegal and criminal activities.
chapter iii drug control
article 19: the state exercises control over the cultivation of original medicinal plants of narcotic drugs.
illegal cultivation of opium poppy, coca plants, cannabis plants and other original plants that can be used for refining and processing drugs under state control is prohibited. It is prohibited to smuggle or illegally buy, sell, transport, carry or possess the seeds or seedlings of the original drug plants that have not been inactivated.
local people's governments at all levels should take immediate measures to stop and eradicate the illegal cultivation of narcotic plants. Villagers' committees and residents' committees shall promptly stop and eradicate the illegal cultivation of narcotic plants and report to the local public security organs.
article 2: enterprises designated by the state to plant original medicinal plants of narcotic drugs must plant original medicinal plants of narcotic drugs in accordance with relevant state regulations.
The extraction and processing sites of the original plant planting enterprises of narcotic drugs determined by the state and the storage warehouses of narcotic drugs established by the state are listed as national key warning targets.
those who enter the warning areas such as the extraction and processing sites of the original plant planting enterprises of narcotic drugs determined by the state or the storage warehouses of narcotic drugs established by the state without permission shall be ordered by the warning personnel to leave immediately; Those who refuse to leave are forcibly taken away from the scene.
article 21 the state exercises control over narcotic drugs and psychotropic substances, and implements a licensing and inspection system for experimental research, production, marketing, use, storage and transportation of narcotic drugs and psychotropic substances.
the state implements a licensing system for the production, management, purchase and transportation of precursor chemicals.
illegal production, trading, transportation, storage, supply, possession and use of narcotic drugs, psychotropic drugs and precursor chemicals are prohibited.
article 22 the state practices a licensing system for the import and export of narcotic drugs, psychotropic drugs and precursor chemicals. The relevant departments of the State Council shall, in accordance with the prescribed duties, manage the import and export of narcotic drugs, psychotropic drugs and precursor chemicals according to law. Smuggling narcotic drugs, psychotropic drugs and precursor chemicals is prohibited.
article 23 when narcotic drugs, psychotropic drugs and precursor chemicals are stolen, robbed, lost or otherwise flowed into illegal channels, the unit involved in the crime shall immediately take necessary control measures and report to the public security organ immediately, and at the same time report to the relevant competent departments in accordance with regulations.
after receiving the report, or if there is evidence that narcotic drugs, psychotropic drugs and precursor chemicals may flow into illegal channels, the public security organ shall promptly carry out investigations and take necessary control measures against relevant units. Pharmaceutical supervisory and administrative departments, health administrative departments and other relevant departments shall cooperate with public security organs in their work.
Article 24 It is prohibited to illegally teach the manufacturing methods of narcotic drugs, psychotropic drugs and precursor chemicals. If a public security organ receives a report or finds that it illegally teaches the manufacturing methods of narcotic drugs, psychotropic drugs and precursor chemicals, it shall promptly investigate and deal with them according to law.
Article 25 Specific measures for the administration of narcotic drugs, psychotropic drugs and precursor chemicals shall be formulated by the State Council.
article 26 the public security organs may, according to the needs of drug investigation, inspect people, articles, goods and vehicles in border areas, major traffic routes, ports, airports, railway stations, long-distance bus stations and docks, and the civil aviation, railway and transportation departments shall cooperate with them.
the customs should strengthen the inspection of people, articles, goods and means of transport at the import and export ports in accordance with the law to prevent the smuggling of drugs and precursor chemicals.
postal enterprises should strengthen the inspection of mail according to law to prevent mailing drugs and illegally mailing precursor chemicals.
Article 27 A patrol system shall be established in entertainment places. If illegal and criminal activities of drugs are found in entertainment places, they shall immediately report to the public security organs.
article 28 the drugs seized according to law, the appliances for taking or injecting drugs, the illegal gains from drug-related crimes and their proceeds, and the tools, equipment and funds owned by me that are directly used to commit drug-related crimes shall be confiscated and dealt with in accordance with regulations.
Article 29 The administrative department in charge of anti-money laundering shall strengthen the monitoring of suspected drug crime funds according to law. The administrative department in charge of anti-money laundering and other departments and institutions responsible for anti-money laundering supervision and management according to law shall report to the investigation organ in a timely manner when they find the capital flow of suspected drug crimes, and cooperate with the investigation organ in the investigation and investigation.
article 3 the state shall establish and improve the drug monitoring and drug control information system, and carry out the collection, analysis, use and exchange of drug monitoring and drug control information.
chapter iv drug rehabilitation measures
article 31 the state takes various measures to help drug addicts get rid of drug addiction, educate and save drug addicts.
drug addicts should be treated.
The measures for determining drug addiction shall be formulated by the administrative department of health, the drug supervision and administration department and the public security department of the State Council.
Article 32 The public security organ may conduct necessary tests on persons suspected of taking drugs, and the detected persons shall cooperate; Those who refuse to accept the test may be subject to compulsory testing with the approval of the person in charge of the public security organ of the people's government at or above the county level or its dispatched office.
public security organs should register drug addicts.
Article 33 For drug addicts, the public security organ may order them to receive community drug rehabilitation, and notify the urban neighborhood offices and township people's governments where the drug addicts have their domicile or their current residence. The period of community detoxification is three years.
drug addicts should receive community drug rehabilitation at their domicile; If you have a fixed residence in your current place of residence outside your domicile, you can accept community drug rehabilitation in your current place of residence.
article 34 city subdistrict offices and township people's governments are responsible for community drug rehabilitation. City street offices and Township People's governments may designate relevant grass-roots organizations to sign community drug rehabilitation agreements with drug addicts according to their personal and family conditions, and implement targeted community drug rehabilitation measures. Public security organs, judicial administration, health administration, civil affairs and other departments shall provide guidance and assistance to community drug rehabilitation work.
city sub-district offices, township people's governments, and labor administrative departments of county-level people's governments should provide necessary vocational skills training, employment guidance and employment assistance to drug addicts who are unemployed and lack employability.
article 35 drug addicts who accept community drug rehabilitation should abide by laws and regulations, consciously fulfill community drug rehabilitation agreements, and receive regular testing according to the requirements of public security organs.
The staff involved in community detoxification should criticize and educate the drug addicts who violate the community detoxification agreement; Those who seriously violate the community drug rehabilitation agreement or take or inject drugs during community drug rehabilitation shall report to the public security organ in time.
article 36 drug addicts can go to medical institutions with drug treatment qualifications to receive drug treatment by themselves.
The establishment of a medical institution for drug rehabilitation or a medical institution engaged in drug rehabilitation treatment shall meet the requirements stipulated by the administrative department of health of the State Council, and shall be reported to the administrative department of health of the people's government of the province, autonomous region or municipality directly under the Central Government for approval, and also to the public security organ at the same level for the record. Drug addiction treatment shall comply with the norms of drug addiction treatment formulated by the administrative department of health of the State Council, and accept the supervision and inspection of the administrative department of health.
Drug treatment should not be for profit. Drugs, medical devices and treatment methods for drug treatment shall not be advertised. Fees charged for drug treatment shall be implemented in accordance with the charging standards formulated by the price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the health administrative departments.
article 37 medical institutions may, according to the needs of drug treatment, conduct physical examination on drug addicts who have received drug treatment and the articles they carry; If there is personal danger during the treatment, necessary temporary protective restraint measures can be taken.
if it is found that drug addicts receiving drug treatment take or inject drugs during treatment, the medical institution shall report to the public security organ in time.
Article 38 If a drug addict is under any of the following circumstances, the public security organ of the people's government at or above the county level shall make a decision of compulsory isolation for detoxification:
(1) refusing to accept community detoxification;
(2) taking or injecting drugs during community detoxification;
(3) seriously violating the community drug rehabilitation agreement;
(4) taking or injecting drugs again after community detoxification and compulsory isolation detoxification.
The public security organs can directly make the decision of compulsory isolation and detoxification for those who are seriously addicted to drugs and are difficult to get rid of drug addiction through community detoxification.
drug addicts who voluntarily accept compulsory isolation and detoxification can enter compulsory isolation and detoxification places with the consent of the public security organs.
Article 39 If a woman who is pregnant or breast-feeding her baby under one year old is addicted to drugs, compulsory isolation for detoxification is not applicable. Minors under the age of 16 who are addicted to drugs may not be subject to compulsory isolation for detoxification.
for drug addicts who are not subject to compulsory isolation and detoxification according to the provisions of the preceding paragraph, community detoxification shall be carried out according to the provisions of this law, and the urban sub-district offices and township people's governments responsible for community detoxification shall strengthen assistance, education and supervision, and urge the implementation of community detoxification measures.
Article 4 If the public security organ decides to impose compulsory isolation on drug addicts, it shall make a written decision on compulsory isolation for drug rehabilitation, deliver it to the decided person before the compulsory isolation for drug rehabilitation, and notify the family, unit and local police station of the decided person within 24 hours after the delivery; If the decision-maker does not tell his real name and address and his identity is unknown, the public security organ shall notify him after finding out his identity.
if the decided person refuses to accept the compulsory isolation and detoxification decision made by the public security organ, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
article 41 the person who is decided to be subjected to compulsory isolation for detoxification shall be sent to the compulsory isolation for detoxification by the public security organ that made the decision.
The establishment, management system and funding guarantee of compulsory isolation drug rehabilitation centers shall be stipulated by the State Council.
Article 42 When a drug addict enters a compulsory isolation drug rehabilitation center, he shall be examined for his body and the articles he carries.
article 43 compulsory isolation drug rehabilitation centers shall provide targeted physical and psychological treatment and physical rehabilitation training for drug addicts according to the types of drugs they take and inject and the degree of addiction.
according to the needs of drug rehabilitation, compulsory isolation of drug rehabilitation places can organize drug addicts.
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