Shanxi Amends Regulations to Deal with the New Situation of Drug Control
□ Our reporter Ma Chao and Wang Zhitang
The 19th meeting of the Standing Committee of the 13th Shanxi Provincial People's Congress recently reviewed and revised the "Shanxi Province Drug Control Regulations" (hereinafter referred to as the "Regulations").
The revised "Regulations" has 7 chapters and 48 articles, including general provisions, anti-drug publicity and education, drug and drug control, drug rehabilitation management, anti-drug work protection, legal responsibilities, and supplementary provisions, which will be implemented on October 1, 2020.
Why amended the "Ordinance"?
What are the highlights of the revised "Regulations"?
Recently, a reporter from the Rule of Law Daily invited relevant people involved in the revision work to interpret the relevant issues.
The old regulations cannot adapt to the new situation
Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at the core has attached great importance to drug control work and put forward a series of new concepts, new ideas and strategies for drug control work.
The Shanxi Provincial Party Committee and the Provincial Government also attaches great importance to drug control work, and has arranged and deployed the drug control work of the province many times.
This year, the Provincial Party Committee held a meeting of the Leading Group for the Construction of Safe Shanxi, which listed anti-drug work as one of the six tasks of safe Shanxi construction and made special arrangements and put forward specific requirements.
"In this sense, the revision of the Regulations is an important measure to implement the new directives and requirements of the central and provincial party committees on drug control work, and to provide legal protection for the joint construction of safe Shanxi." Zhao Guiyi, vice chairman of the Supervision and Judicial Committee of the Shanxi Provincial People's Congress, introduced .
Secondly, from the perspective of actual needs, the current international and domestic drug situation is severe and complex. Domestic drugs and overseas drugs, traditional drugs and new types of drugs, online drug crimes and offline drug crimes are intertwined, showing the diversification of drugs, the globalization of smuggling, and abuse. The number of people has expanded and other characteristics; Affected by the international and domestic situation, the anti-drug situation in Shanxi is facing problems such as increased drug penetration, huge potential markets, prominent drug-related crimes in new business forms and new fields, and increased difficulty in combating.
"Shanxi Province Drug Control Regulations have been implemented for 20 years. Faced with new situations, new features, and new problems in drug control work, many provisions can no longer adapt to the development of the times. The revised regulations are a timely response to the current needs of current drug control work. "Zhao Guiyi said.
Consolidate anti-drug responsibilities at all levels
"The newly revised "Regulations" compacts the anti-drug responsibilities of relevant units at all levels." Ye Jinming, director of the Legal Review and Evaluation Division of the Legal Work Committee of the Standing Committee of the People's Congress of Shanxi Province, interpreted for reporters. The specifics can be understood from three levels:
The first is to consolidate the responsibilities of governments at all levels, and clarify that the anti-drug work implements the working mechanism of government leadership, departmental coordination, public participation, and social governance.
It is stipulated that the provincial people’s government shall carry out key anti-drug rectifications in areas with serious drug problems or areas with insufficient anti-drug work; people’s governments at and above the county level should promote the creation of anti-drug demonstration cities, promote anti-drug informatization, establish a reporting and reward system, and strengthen drug control Drug control, drug rehabilitation management, establishment of anti-drug propaganda and drug prevention education systems, and strengthening of anti-drug work guarantees; basic-level people’s governments in towns, towns and sub-districts should implement the responsibility system for drug elimination and control of key drug-related personnel; ) The people's committee should strengthen anti-drug publicity and education, and stipulate anti-drug content in village regulations and residents' conventions.
The second is to compact the responsibilities of the Narcotics Control Committee and its member units.
It is clear that the Anti-drug Committee is responsible for organizing, coordinating, and guiding anti-drug work within the administrative area, and setting up an office to be responsible for daily work.
The Anti-drug Committee is required to establish an evaluation and incentive mechanism for the anti-drug work of member units, monitor and analyze drug conditions, organize the compilation and production of propaganda knowledge reading books, and regularly report work to the people's government at the same level.
At the same time, it also stipulates the duties of public security organs, market supervision, communication management, emergency management, drug supervision and management, health, cultural tourism, radio and television post, transportation, education administration and other member units in the corresponding anti-drug work. It is clear that member units shall report their work to the drug control committee at the corresponding level.
The third is to compact industry and corporate responsibilities.
Article 18 of the “Regulations” stipulates that “it is forbidden to add roots, stems, leaves, shells, seeds, seedlings and their products of original drug plants to food” to protect the safety of the tip of the tongue; Provisions are made for the duties that should be performed by various organizations such as entertainment venues and business service venues, logistics, delivery companies, film and television literary groups, and network operators.
Make the original clause based on actual conditions
Ye Jinming told reporters that the revised "Regulations" also made a number of original provisions in light of the actual anti-drug work in Shanxi.
In response to the problem of unregulated basis for non-listed drug-making chemicals, the "Regulations" stipulates that the provincial people's government shall formulate management measures to solve the contradiction that the supervision of such drug-making substances cannot be implemented.
Regarding new psychoactive substances, the "Regulations" clarify that no unit or individual may develop, produce, operate, purchase, or import or export new psychoactive substances.
For enterprises and personnel capable of R&D and manufacturing of new psychoactive substances, the public security organs shall, in conjunction with the market supervision and management department of the people's government at the same level, establish an information database within their jurisdiction; strengthen the management of testing instruments that can be used for the qualitative analysis of new psychoactive substances, and establish and improve commission The real-name registration of test spectra and the reporting system of spectra.
Holders of testing equipment used for the qualitative analysis of new psychoactive substances that accept commissioned testing shall submit the testing results and the client’s information to the public security organ of the local county-level people’s government for the record within 24 hours after completing the testing.
The Narcotics Control Committee shall establish and improve the new psychoactive substance notification and joint supervision and inspection system.
Regarding the management of special positions, the "Regulations" stipulate that positions that have a major responsibility for public safety should establish a drug screening system, regularly organize testing, and find that staff members have drug abuse behaviors should be transferred and reported to the public security agency.
In addition, the "Regulations" also clearly put forward informatization guarantees to provide legal guarantees for obtaining relevant data and information.
Curing has anti-drug work experience
"The revised "Regulations" also solidify the existing anti-drug work experience and reflect the characteristics of Shanxi." Zhao Guiyi introduced.
Regarding that the upper law does not have any measures for community rehabilitation personnel who refuse to implement or seriously violate the agreement, the "Regulations" stipulates that community rehabilitation personnel who refuse to implement or seriously violate the agreement shall be ordered by the public security organ to accept community drug rehabilitation.
"This regulation fills the gap in the disposal of such personnel, and makes community rehabilitation, community drug rehabilitation, and compulsory isolation and drug rehabilitation form an effective management loop." Zhao Guiyi said.
Regarding the issue of unclear management and control responsibilities and unclear measures for the medical treatment personnel outside the compulsory isolation drug rehabilitation center, the Regulations specify that the compulsory drug rehabilitation center needs to seek medical treatment outside the facility. After legally approved, the compulsory isolation drug rehabilitation center shall notify the drug rehabilitation personnel's place of residence in writing Township (town) people's government or sub-district office; if the habitual residence is inconsistent with the residence, the township (town) people's government or sub-district office of the habitual residence shall be notified in writing.
The management of medical personnel outside the compulsory isolation detoxification center shall refer to the management methods of community drug rehabilitation personnel.
The follow-up management of people who have lifted compulsory isolation for drug rehabilitation has always been a difficult point in drug rehabilitation work. Inadequate supervision and relapse can easily occur.
In this regard, the "Regulations" affirmed Shanxi’s successful practice in implementing compulsory isolation of drug rehabilitation personnel from their homes. The regulations have been solidified as "For those who have been released from compulsory isolation and drug rehabilitation, the compulsory isolation drug rehabilitation site shall notify their family members, unit, place of residence, or regular The township (town) people's government or sub-district office or police station in the place of residence will take it back, and do a good job of linking up drug rehabilitation measures."
Combination of reward reporting and statutory reporting
"Drug control is the responsibility of the entire society and requires the participation of all people. Although the province's drug control work has achieved remarkable results, the drug control situation is still grim and complicated. Winning the People's War on Drugs not only requires everyone to clean themselves and actively reject the temptation of drugs, but also Actively assume social responsibilities and make a difference in drug control." Zhao Guiyi said that the revised "Regulations" clarified two ways to reward reporting and statutory reporting.
In terms of rewarding and reporting, Article 10 of the Regulations stipulates that “people's governments at or above the county level shall establish a reward system for reporting drug violations and criminal acts, and protect and reward reporters in accordance with the law.”
In terms of statutory reporting, the "Regulations" stipulate the statutory reporting obligations of relevant units and individuals in many places. For example, Article 17 of the "Regulations" stipulates that the township (town) people's government, street offices, and village (resident) committees It should cooperate with the relevant departments to implement the control measures for drugs and drug-making substances; if the original plant of illegal drugs is found, it should be stopped and eradicated in a timely manner, and reported to the local public security organ; if other clues of drug violations and crimes are found, it should be reported to the local public security organ in time.
Article 20 stipulates that if real estate service enterprises, house lessors, and managers discover that the lessee has illegal or criminal acts of drugs in the rented house, they shall promptly report to the local public security agency and cooperate in investigation and evidence collection.
"In addition to the above clauses, the "Regulations" also clarify that the operators of entertainment venues and service establishments, transportation business units, network operators, Internet information service providers, third-party online trading platform operators, financial institutions and other departments All clues about drug violations and crimes should be reported to the public security organs." Zhao Guiyi said.