Decision of the Standing Committee of the People's Congress of Sichuan Province on the Approval of Regulations on Drug Abuse in the Liangshan Yi Autonomous Prefecture
(Adopted at the Eleventh Meeting of the Standing Committee of the Thirteenth People's Congress of Sichuan Province on May 23, 2019)
Decision of the Eleventh Meeting of the Standing Committee of the Thirteenth People's Congress of Sichuan Province on Approval of the Anti-Drug Regulations of Liangshan Yi Autonomous Prefecture, which is to be promulgated by an announcement issued by the Standing Committee of the People's Congress of Liangshan Yi Autonomous Prefecture.
Announcement of the Standing Committee of the People's Congress of the Liangshan Yi Autonomous Prefecture (No. 2)
The Anti-Drug Regulations of the Liangshan Yi Autonomous Prefecture was adopted by the Fourth Meeting of the Eleventh People's Congress of the Liangshan Yi Autonomous Prefecture on January 31, 2019, and was approved by the Eleventh Meeting of the Standing Committee of the Thirteenth People's Congress of Sichuan Province on May 23, 2019,. It is hereby promulgated and shall come into force from August 1, 2019 onwards.
Standing Committee of the People's Congress of Liangshan Yi Autonomous Prefecture
May 30, 2019
Chapter I General Provisions
Article 1 In order to prevent and punish drug-related crimes and offenses, to protect the physical and mental health of the citizens, and to maintain the social order, and in accordance with the "Anti-Drug Law of the People's Republic of China*** and the State of China" "Regulations on Rehabilitation of Drug Addicts" "Regulations on Anti-Drugs of the Province of Sichuan" "Regulations of the Liangshan Yi Autonomous Prefecture Autonomous Regulations and other relevant laws and regulations, combined with the Liangshan Yi Autonomous Prefecture (hereinafter referred to as the Autonomous Prefecture), the actual formulation of these regulations.
Second, the anti-drug work to implement unified leadership, the government is responsible for, departmental coordination and social participation in the work mechanism, into the national economy and social development planning, the government's target performance assessment, the necessary funds included in the state, county (city) budget to be guaranteed.
Article 3 of the autonomous regions, counties (cities) people's governments in the administrative region of the anti-drug work is responsible for. Autonomous prefectures, counties (cities) anti-drug committee is responsible for organizing, coordinating and guiding the development of anti-drug work in the administrative region, and to perform the following duties:
(a) to formulate anti-drug work measures and anti-drug work planning, the annual work objectives, clear incentives and penalties, and grasp the responsibility for the implementation of the work;
(b) to establish and improve the anti-drug coordination and cooperation mechanisms and joint meetings, information **** enjoyment and other systems, coordination and resolution of major issues in anti-drug work. Solve major problems in anti-drug work;
(3) Organize the propaganda of anti-drug laws, regulations and policies, and supervise and inspect the implementation of the laws, regulations and policies;
(4) Guide and supervise the members of the anti-drug committee at this level and the people's governments at lower levels to perform their duties of anti-drug work, and carry out inspections and appraisals of the anti-drug work carried out;
(5) To establish and improve the monitoring and assessment of the drug situation, early warning and drug notification mechanism, and regularly publish the drug situation and the dynamics of change;
(vi) to organize the development of drug treatment and rehabilitation places and other specialized places of the management system and safeguards;
(vii) to mobilize the social forces and the public to participate in the anti-drug fight, and to encourage the community to provide clues on illegal and criminal activities related to drug use, and to report on drug-related illegal acts;
(viii) to accomplish other anti-drug work.
The Anti-Drug Commission has an office responsible for the daily work of the Anti-Drug Commission.
Autonomous Prefecture, counties (municipalities) relevant functional departments of the main person in charge is the unit, the system to fulfill the anti-drug duties directly responsible for the person.
Article 4 of the anti-drug committee at all levels of member units in accordance with the law to carry out anti-drug duties, the units should be closely coordinated with each other, **** with the promotion of anti-drug work.
The public security organs are responsible for drug seizures, drug case investigation, investigation and handling of drug addicts and the dynamic control of drug maintenance treatment after compulsory isolation, the management of the purchase, sale and transportation of excisable chemicals and the supervision and inspection, and the management of compulsory isolation drug treatment places under their jurisdiction.
The judicial administrative department is responsible for anti-drug rule of law publicity and education, guiding and supervising the management of drug treatment places in the judicial administrative system, guiding the work of community drug treatment and community rehabilitation, and providing legal aid to eligible community drug treatment and rehabilitation personnel.
The competent health authorities are responsible for the supervision and management of drug treatment medical institutions, and in conjunction with the public security organs and judicial administrative departments, they formulate plans for the setting up of drug treatment medical institutions, and provide guidance and support for drug treatment medical services. Organize, implement and supervise the supervision and management of drug rehabilitation drug maintenance treatment.
The competent departments of civil affairs, in accordance with the regulations, include eligible drug rehabilitation personnel and their minor children who have difficulties in life into the scope of the local minimum subsistence guarantee or the support of special hardship cases, and instruct grass-roots organizations to incorporate community-based drug rehabilitation into community construction and community management.
The competent authorities in charge of human resources and social security are responsible for implementing employment support and entrepreneurship support policies for drug rehabilitation personnel, and organizing and carrying out vocational skills training and appraisal for drug rehabilitation personnel.
The market supervision and management department is responsible for the supervision and management of the production, operation, storage, transportation and use of drug-type easy-to-use chemicals, narcotic drugs and psychotropic substances, as well as for the monitoring of drug abuse, and for the supervision and management of the quality and supply of medicines required for drug maintenance treatment.
The financial departments are responsible for the financial security of anti-drug work of the people's governments at all levels.
Trade unions, **** Youth League, Women's Federation, Federation of Disabled Persons, the Red Cross and other organizations should combine their respective responsibilities to assist the government and its relevant departments, organizing and carrying out drug prevention education, social support, the formation of anti-drug volunteers and work.
Other members of the Anti-Drug Commission shall, in accordance with their respective responsibilities to do a good job of anti-drug work.
Article 5 of the township (town) people's governments and urban street offices shall carry out anti-drug publicity and education and community drug treatment, community rehabilitation and other work, and guide the villagers' committees and residents' committees to implement anti-drug preventive measures.
Article 6 of the comprehensive construction of the whole society anti-drug regular working mechanism.
Establishing the government to purchase anti-drug social service work mechanism, and promote anti-drug social workers and volunteers, and their guidance and training, and provide the necessary working conditions.
Encourage and support social forces to participate in anti-drug public welfare undertakings by donating funds, setting up support programs, founding service organizations, providing services, etc., and enjoying tax incentives in accordance with the law.
Encourage and support social organizations, social work professionals and volunteers to participate in anti-drug publicity, drug rehabilitation and other social work and volunteer services.
Village (neighborhood) committees continue to carry out the creation of "drug-free townships", "drug-free villages (communities)" and "drug-free families" in the light of the actual situation, and popularize the " village (neighborhood) committees + associations". "Village (neighborhood) committees + associations + family branches (clans)" and other anti-drug models, in the village rules and regulations agreed on anti-drug content, advocating anti-drug, anti-drug, anti-drug, anti-drug prevention.
Article 7 of the autonomous regions, counties (cities) anti-drug associations in accordance with the statute to accept social donations, recruit volunteers to carry out charitable assistance to drug-related groups and a variety of forms of drug prevention and education activities, to help carry out anti-drug work. Social donations of funds and materials should be open to social supervision, and the use of funds and materials to the donor feedback.
Article VIII of the autonomous prefectures, counties (cities) people's governments to strengthen the construction of anti-drug professional teams, increase anti-drug technology and equipment, funding and infrastructure construction to ensure the improvement of anti-drug technology, checking system and supervision system, to strengthen the construction of drug treatment and rehabilitation venues, and to improve the ability to seize drugs, drug treatment and anti-drug. Article 9 The people's governments at all levels in the autonomous prefectures and their relevant departments shall strengthen the occupational protection of staff engaged in anti-drug and drug treatment (rehabilitation), prevent and reduce occupational risks, and provide pensions and preferential treatment to those who have been sacrificed or disabled in the course of anti-drug and drug treatment (rehabilitation) work, as well as to their families.
Chapter II Drug Prevention
Article 10 of the people's governments at all levels in the autonomous regions shall establish and improve the anti-drug publicity and education work system, planning and construction of anti-drug publicity and education bases and open them to the community free of charge, and comprehensively carry out anti-drug education and publicity of the normalization of drug prevention, and realize the coverage of the whole society of drug prevention publicity and education.
The people's governments at all levels in the autonomous prefectures and their relevant functional departments organize and coordinate all kinds of media to carry out public welfare propaganda on drug prevention, social prevention, control and education, prohibition of planting and eradication of drugs, and combating drug-related crimes, and to ensure that anti-drug themed programs, articles and public service advertisements occupy an appropriate proportion in the mainstream media. Strengthen the mass media, new media anti-drug social responsibility implementation, and constantly innovate publicity methods to enhance the effectiveness of drug prevention publicity.
State organs, social organizations, enterprises and institutions as well as village (neighborhood) committees within the administrative area of the autonomous prefecture shall, in accordance with the division of functions, strengthen anti-drug publicity and education for their own personnel, community residents, rural villagers, migrant workers, foreign workers and residents.
Article 11 of the family should pay attention to drug prevention education, enhance drug awareness. Parents and other guardians of minors shall educate minors about the dangers of drugs and drug abuse, pay attention to their social interactions, and prevent them from engaging in illegal drug-related behavior.
Article 12 of the autonomous prefectures, counties (cities) anti-drug committees shall guide the relevant government departments to organize the compilation of Yi and Chinese, Tibetan and Chinese "bilingual" drug prevention education materials that are in line with the actual situation in the autonomous prefectures, counties (cities).
The competent departments of education in the autonomous prefectures should set up a pool of teachers for drug prevention education at the state and county (city) levels, organize and carry out rotational training for teachers in drug prevention education, and guide and supervise schools in the implementation of the relevant teaching tasks in drug prevention education.
Schools in the Autonomous Prefecture should set up places for education on the dangers of drugs and drug prevention, and incorporate youth drug prevention education into their teaching programs. Elementary schools shall arrange for no less than four hours of drug prevention education courses per semester, and junior high schools, high schools and junior colleges and institutions of higher learning shall have no less than six hours. The content of drug prevention education courses should be included in the appropriate examinations.
Schools shall strengthen the management of drug prevention education for students, teachers and employees, and shall promptly report to the public security authorities and the competent administrative departments of education where the school is located if they find drug-related offenses, and cooperate with the public security authorities and students' parents to carry out the work of helping to teach them.
Article XIII of the press, magazines, radio, film and television, as well as the network, the communications industry, public **** display screen and other information service units shall carry out various forms of anti-drug publicity, publishing and broadcasting anti-drug public service advertisements and special programs, anti-drug publicity and education for the community.
Article 14 of the highway, railroad, aviation and other transportation operators and related stations (yards) shall carry out anti-drug publicity to passengers, in public **** place in a prominent position or bulletin boards to inform the help of other people should pay attention to the relevant matters of the goods.
Article 15 of the entertainment venues and hotels, hotels and other business service unit operators, managers, shall implement anti-drug precautions. In a prominent position to post or place anti-drug warning signs, anti-drug publicity, published report telephone, conditions should also play anti-drug propaganda video, set up on electronic equipment anti-drug warning interface.
Chapter III Drug Control and Control of Drug-Related Groups
Article 16 The public security organs may set up drug checkpoints at airports, stations, docks, and other key areas and major transportation routes approved by the provincial people's government, as well as other passages, and carry out inspections of drugs and excisable chemicals on incoming and outgoing persons, their carry-on items, goods, and means of transportation.
When the public security organs conduct drug inspections, they shall enforce the law in a civilized and standardized manner and improve the efficiency of the inspections. The units and individuals being inspected shall cooperate.
Article 17 prohibits the illicit cultivation of the opium poppy, the coca plant, the marijuana plant, as well as other raw plants that can be used for the refining and processing of drugs, as regulated by the state. It is strictly prohibited to add poppy husks (seeds and seedlings) and other raw drug plants to food and beverages on sale.
When the people's governments at all levels in the Autonomous Prefecture discover illegal cultivation of drug plants, they shall immediately take measures to stop and eradicate them. Any unit, organization or citizen who discovers illegal cultivation of drug plants shall promptly report to the local people's government or public security organs, and the local people's government shall take measures to stop and eradicate them.
Article 18 implements information-based management, classification management, review and approval, and loss-tracing systems for easy-to-use chemicals and psychotropic and narcotic drugs.
Strengthening the supervision of all aspects of the production, operation, storage, transportation and use of easy-to-control chemicals and psychotropic and narcotic drugs, and investigating and dealing with violations of the law in accordance with the law.
Units and individuals engaged in the drug business should operate in strict accordance with relevant regulations. The sale of easy to manufacture drugs must be registered buyer ID card and sale time, quantity, buyer use and other information, and save the relevant information for more than two years.
Article 19 of the postal service, express delivery, logistics and other business units shall strictly implement the delivery of real-name registration, receiving and sending inspection, information preservation, as well as anti-drug training and other management systems, found that the customer entrusted the transportation and delivery of suspected drugs or illegal entrusted the transportation and delivery of easy-to-use drugs and chemicals, it should be stopped transportation and delivery, and immediately report to the public security organs.
Postal, express delivery, logistics and other business units should save the relevant information for more than one year.
Article 20 of the autonomous region engaged in the automobile leasing industry units and individuals, should be installed on the operating vehicle vehicle satellite positioning system; should be truthfully registered lessee's detailed information, information retention period of not less than two years; found that lessees use the leased car for illegal and criminal acts related to drug abuse, should be immediately reported to the public security organs and to assist, cooperate with the investigation and evidence collection.
Operators engaged in second-hand car trading services shall truthfully register the information of buyers and sellers, and the current owner of the motor vehicle shall, within thirty days from the date of delivery of the motor vehicle to the buyer, apply to the Vehicle Administration Office of the place where the vehicle is registered to apply for the transfer of the registration formalities.
Article 21 of the communications, Internet, finance, accommodation, long-distance passenger transportation and other business operators, service providers, shall check the identity of customers.
Network information service providers shall strengthen the management of network information, found the use of the network for illegal and criminal activities involving drugs, shall promptly report to the public security organs.
Financial institutions shall promptly report to the administrative department in charge of anti-money laundering and the public security organs if they discover any flow of funds suspected of drug-related crimes in their daily monitoring.
Article 22: Persons who have committed the crime of selling or transporting drugs, or who have been subjected to compulsory drug rehabilitation for taking or injecting drugs, shall not open entertainment establishments or engage in employment in entertainment establishments.
Operators and managers of entertainment establishments shall establish an inspection system, and shall immediately report to the public security organs and assist in the investigation and collection of evidence if they find any drug-related criminal acts on their premises.
Housing rental agencies, housing renters, property service enterprises should truthfully register the personal information of lessees and permanent residents. The discovery of the use of rental housing for illegal and criminal drug activities, should be promptly reported to the public security organs.
Hotels and entertainment venues that fail to fulfill their legal obligations with regard to the occurrence of drug-related behavior shall be punished by the relevant departments and the relevant personnel shall be held accountable in accordance with the law.
Article 23 prohibits the driving of motor vehicles, ships, railroads and aircraft after taking or injecting drugs.
Roads, railroads, waterways, aviation and other transportation operators shall strengthen the daily management of drivers, and drivers found to have drug abuse shall immediately stop their driving behavior, transfer out of the driving position, and report to the public security organs.
Being caught driving a motor vehicle, ship, railroad vehicle or aircraft after taking or injecting drugs, or being under the implementation of community detoxification, compulsory isolation detoxification, community rehabilitation measures, or long-term addiction to dependent psychotropic drugs has not yet been cured, the relevant driving licenses that have been obtained shall be canceled in accordance with the law.
Article 24 of the employer found that employees have drug abuse behavior, shall promptly report to the public security organs.
Article 25 of the Autonomous Prefecture to establish drug-related personnel information control platform and database, drug-related personnel classified and graded implementation of information technology dynamic control.
The public security organs will no longer exercise dynamic control over persons who have not relapsed after three years of abstinence, and the people's government of the township or city street office in the place of residence will make regular follow-up visits and provide assistance to prevent them from relapsing.
Article 26: The relevant departments of the people's governments of the autonomous prefectures and counties (cities) shall take the initiative to strengthen collaboration with the relevant departments of the governments of the places where the migrant workers are concentrated, extend the centralized service and management of the migrant workers, and do a good job of anti-drug publicity and employment assistance, so as to prevent the migrant workers from participating in illegal and criminal activities related to drugs.
Article 27 of the autonomous region at all levels of education administrative departments of drug-related families of underage students to implement boarding education.
Drug-related minors who are not criminally punishable because they are under the age of sixteen shall be ordered to be disciplined by their parents or guardians.
Article 28 of the suspects of carrying infants and young children engaged in illegal and criminal activities related to drugs to take coercive measures, the case-handling organs shall notify the suspect in writing of the relevant circumstances of the place of domicile or the current place of residence of the people's governments of the townships (townships), the street office. The township (town) people's government or street office shall, upon receipt of the written notification, actively assist the legal guardian or designated guardian of the infant or young child to take the infant or young child back within five days and urge him or her to fulfill his or her guardianship responsibilities. For breastfeeding infants, they shall be taken back within five days after the expiration of the breastfeeding period.
Cannot implement the legal guardian, by the civil affairs department of the social welfare institutions or minors rescue and protection agencies to temporarily foster, the required funds into the local budget. Public security organs, the civil affairs department shall assist in the work of resettlement.
Chapter IV Drug Rehabilitation and Management Services
Article 29 of the Autonomous Prefectures, counties (cities) people's governments approved by the provincial people's government can set up drug rehabilitation places. Drug treatment and rehabilitation venues for voluntary detoxification, community detoxification, community rehabilitation, drug maintenance treatment, psychological correction and other management and services, and provide the necessary medical care and livelihood security for drug treatment and rehabilitation personnel.
If the place of domicile or current residence of a person undergoing community drug treatment or community rehabilitation does not have the conditions for community drug treatment or community rehabilitation, the person concerned may, with his or her consent, undergo community drug treatment and community rehabilitation in a drug treatment and rehabilitation facility set up in compliance with the people's government of the autonomous prefecture or county (city).
Voluntary detoxification, community detoxification and community rehabilitation may voluntarily sign an agreement with the drug treatment and rehabilitation place to go to the drug treatment and rehabilitation place for detoxification and rehabilitation, life and labor.
Persons who may be released early from compulsory isolation in accordance with the law may, upon their own voluntary application, go to drug treatment and rehabilitation facilities for drug rehabilitation, living and working.
Drug rehabilitation places shall set up specialized drug treatment medical institutions, equipped with appropriate medical staff.
Article 30 of the autonomous prefectures, counties (municipalities) people's governments relevant departments in drug rehabilitation places to provide jobs, vocational skills training, medical care and health, civil assistance and other services.
The right to use residential land, the right to contract and operate rural land, and other legal rights of rural residents in drug rehabilitation facilities shall be retained in accordance with the law.
Article 31 of the autonomous prefectures, counties (cities) people's governments in accordance with the "who set up, who is in charge, who is responsible for" principle, for drug treatment and rehabilitation places and other community-based drug treatment and rehabilitation venues with full-time staff and arrange special funding, if necessary, can also be used by recruitment, government purchase of services, etc. anti-drug social workers, to undertake community-based drug treatment and rehabilitation work, to ensure the safety of the community-based drug treatment and rehabilitation work, to ensure the safety of the community-based drug treatment and rehabilitation work. Undertake community drug treatment and rehabilitation work, to ensure that the work is carried out.
The people's governments of townships and cities and street offices are specifically responsible for the implementation of community drug treatment and rehabilitation work in their jurisdictions, and for formulating plans for community drug treatment and rehabilitation work and implementing relevant measures.
Departments such as public security, judicial administration, health, civil affairs, human resources and social security, and education shall, in accordance with their respective responsibilities, guide, support, assist, and participate in the relevant work.
Article 32 Compulsory segregation of drug treatment places to admit and treat drug addicts, shall be examined; except for the condition of the disease, injuries and life-threatening, need to be immediately sent to a medical institution or daily life can not take care of their own, shall be admitted in accordance with the law.
If a person undergoing compulsory isolation for drug addiction treatment suffers from a serious illness that may endanger his or her life if he or she does not leave the facility for treatment, the facility may, with the approval of the competent authority of the place of compulsory isolation for drug addiction treatment and for the record of the authority deciding on the place of compulsory isolation for drug addiction treatment, authorize him or her to go outside the facility for medical treatment. The costs of medical treatment outside the facility shall be borne by the person undergoing compulsory segregated drug treatment.
Article 33: Addicted persons shall receive rehabilitation treatment.
Drug rehabilitation medical institutions can provide medical assessment and medical intervention for drug addicts.
Article 34 of the community drug rehabilitation personnel are detained or arrested in accordance with the law, the community drug rehabilitation is suspended, the place of detention to give the necessary drug treatment, and after being released to continue to receive community drug rehabilitation.
Community drug treatment and rehabilitation of persons who have been lawfully admitted to prison for the execution of penalties, to take mandatory educational measures, community drug treatment and rehabilitation is terminated.
Article 35: Compulsory segregation of drug addicts are legally admitted to prison to carry out penalties, mandatory educational measures, or detained or arrested in accordance with the law, in the supervisory place of custody, detention places after the necessary drug treatment, compulsory segregation of drug addiction treatment is calculated consecutively; the completion of the execution of the sentence, lifting of the mandatory educational measures, or release of the mandatory segregation of drug addiction has not yet been expired, the continued implementation of compulsory segregation of drug addiction treatment.
Article 36: The people's governments at all levels in the autonomous prefectures and their relevant departments shall establish a mechanism for the follow-up and control of community-based drug treatment and rehabilitation personnel, and shall implement graded and classified control.
Article 37 actively study drug substitution detoxification methods and approaches to enhance the success rate of detoxification. For drug addicts who meet the conditions of drug maintenance treatment, upon their own application, can participate in drug maintenance treatment. Required expenses to take self-funding, incentive compensation and government support and other ways to solve.
Article 38: Drug addicts and rehabilitated persons shall not be discriminated against in school enrollment, employment, or enjoyment of social security, except in cases where there are special provisions in laws and regulations.
Drug addicts in the community drug treatment, community rehabilitation and compulsory isolation during the drug treatment, psychological rehabilitation, life security, etc., eligible shall be included in the corresponding medical insurance and social assistance system.
Article 39 of the autonomous prefectures, counties (cities) people's governments and their relevant departments, various types of drug rehabilitation institutions shall strengthen vocational skills training and employment guidance for drug addicts and rehabilitants, provide employment information, and broaden employment channels. Encourage and support self-employment and independent entrepreneurship among drug-addiction rehabilitants, and help them restore their productive and living abilities and return to society.
Article 40 The people's governments at all levels in the autonomous prefectures and their relevant departments shall strengthen the management of the files and information of people undergoing community drug treatment and rehabilitation, and the files of minors among them shall be sealed.
Except for the needs of the judicial organs to handle cases or the relevant units in accordance with state regulations for inquiry, community drug rehabilitation personnel files, information, shall not be provided to any other unit or individual. Units conducting inquiries in accordance with the law shall keep the files and information confidential.
Chapter V. Legal Liability
Article 41 Where laws and regulations already provide for penalties for violation of the provisions of these Regulations, such provisions shall apply.
Article 42 The people's governments at all levels in the autonomous prefectures and their relevant departments staff in the anti-drug work of abuse of power, dereliction of duty, favoritism and malpractice, shall be dealt with in accordance with the law; constitutes a crime, shall be held criminally liable in accordance with the law.
Chapter VI Supplementary Provisions
Article 43 These Regulations shall come into force on August 1, 2019, and the Supplementary Provisions on the Implementation of the "Anti-Drug Regulations of Sichuan Province" in the Liangshan Yi Autonomous Prefecture, which were originally adopted by the first meeting of the eighth session of the People's Congress of the Liangshan Yi Autonomous Prefecture on March 25, 2001, and approved by the Standing Committee of the Ninth Session of the People's Congress of Sichuan Province at the twenty-third meeting of the Standing Committee of the 9th Session of the People's Congress of Sichuan Province on May 25, 2001 shall be repealed simultaneously. Supplementary Provisions of the Regulations of the Liangshan Yi Autonomous Prefecture for the Implementation of the Sichuan Provincial Anti-Drug Laws" shall be repealed simultaneously.