法工委回应吸毒记录封存问题

Core Viewpoint - The revised Public Security Administration Punishment Law will take effect on January 1, 2026, with significant attention on Article 136 regarding the sealing of public security violation records, which aims to prevent lifelong penalties for minor offenses [1][3]. Summary by Sections 1. Legislative Process and Article 136 Formation - The draft of the revised law was first reviewed in August 2023 and underwent public consultation. The final version was passed on June 27, 2025, and includes provisions for sealing records of public security violations, particularly for minors [2][3]. 2. Equality Before the Law - The principle of equality before the law is emphasized, stating that no individual or organization can have privileges that exceed constitutional and legal boundaries. All violations must be pursued according to the law [4]. 3. Meaning of Sealing Public Security Violation Records - Sealing records is a measure for managing public security violation information, not a form of punishment. It aims to prevent individuals from facing lifelong restrictions due to minor infractions. Sealed records will not be publicly accessible, with exceptions for specific state agencies [5]. 4. Relationship Between Public Security Administration Punishment Law and Criminal Law - The Public Security Administration Punishment Law applies to non-criminal violations, while criminal acts are subject to criminal law. Misapplication of either law in enforcement is considered an error that must be corrected [6]. 5. Management of Drug-Related Offenses - The state maintains strict measures against drug-related crimes, with a focus on rehabilitation rather than punishment for drug use. Various laws and regulations support rehabilitation efforts, including voluntary and community-based treatment options [8][9]. 6. Confidentiality of Drug Users' Information - Information regarding drug users is subject to strict confidentiality regulations, ensuring that personal data is not disclosed without proper authorization. The sealing measures in Article 136 align with existing practices for managing drug-related information [10].