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《禁毒法》从形式上统一了强制隔离戒毒措施,但是并未实际变更双轨制并行的固有模式,在实践中呈现出执行主体分割、收戒标准不一、程序规定模糊、权力配置矛盾等现实问题。对于统一强制隔离戒毒执行主体的路径选择,学界和实务界先后提出了维持现状说、卫生行政部门统一负责说、司法行政部门统一负责说等方案。经过比较后不难发现,由司法行政部门统一承担戒毒管理职能,既有利于消除双轨制带来的现实困境,也符合司法行政机关的角色定位,是强制隔离戒毒制度改革的应然选择。
The Anti-drug Law formally unifies the mandatory isolation and treatment measures, but does not actually change the inherent mode of dual-track parallelism. In practice, it presents the practical problems such as the division of executive bodies, the inconsistency in the standards of collection and withdrawal, the obscure procedures and conflicts in the allocation of power . For the unification and enforcement of isolation and drug rehabilitation path selection, scholars and practitioners have put forward to maintain the status quo, said the health administrative department responsible for the unified said that the judicial administrative department responsible for the unity and so on. After comparison, it is not difficult to find out that the unified administration of drug administration by the judicial administrative departments will not only help to eliminate the real predicament brought by the dual system but also be in line with the role of the judicial administrative organ, which should be the mandatory choice for the reform of compulsory isolation and drug treatment system.