New Tendency of China’s Drug Control Management (5)

Such contract should have the properties of policy-based drug rehabilitation welfare contract. Although all parties voluntarily reach the agreement based on different goals (drug rehabilitation personnel seek jobs, enterprises pursue low-risk profits, and government seek to carry out public policies), the agreement is reached under the initiative of the government and aiming to realize policy-based welfare objectives. The government occupies the leading position in the contract, and supports the profit-making measures of enterprises under the premise that enterprises fulfill the obligation of accepting drug rehabilitation personnel and other obligations.

1. Contract between government and enterprises

The contract is only effective between the government and enterprise operators. In terms of foreign credits and debts due to the operations of enterprises, enterprises shall not bear legal liabilities in the name of the government, excluding the legal liabilities and obligations in case the government invests and serves as shareholder.

The obligations borne by the government in the contract mainly include the coordination for public policies related to drug rehabilitation, commercial relationship, and employer-employee relations, as well as possible material and capital support. For example, the government shall coordinate the policies of all departments to guarantee the income of employees, provide premises and dormitories through renting, seek and introduce labor-intensive products for enterprises to choose, and help product sales through government procurement.

The obligations borne by enterprises in the contract mainly include the acceptance of and management on drug rehabilitation personnel. In other words, enterprises should bear the contract liabilities to the government in terms of the relationship with drug rehabilitation personnel.