Rethinking And Restructuring Of Our Countrry's Tabacoo Control Legislation

Accoding to the commitment of China's FCTC entry, the tabacoo control will be fully implemented in puclic places since Junary,9th,2011.Presently,only less one year is left before that day coming.Actually, tabacoo control is a multiple game among government, tabacoo company,public organizations and individuals.In respect of governmet, tabacoo trade could bring great benefit and affluential tax fees for it,and for another hand, it is responsibility for goverment to protect the health of its citizens,so well balance is needed between economic development and people's health to gradually reduce the effect of tabacoo industry on economic development; Relatively,public organizations and individuals which are separated in everywhere and more likely to be influenced by public opinions are essential parts and direct performers and beneficiaries in tobacoo control.The difficulty in tobacoo control lies in the integreted system of government and tobacoo companies and the nature of monoploy.Because of its abandent financial resources and executive power,tabacoo industry plays important role in influencing public opinions and policy making to get great monopoly benefit.The individuls which are the most important part in tabacoo control can't make great influence as it should do, because the efforts and influence of public organizaitons made little difficult for tabacoo company and individuls know little about personal right and the harm of tabacoo.The thesis introduces the history and content of FCTC as well as the measures and progress of our country and others after China's FCTC entry.There is no national tabacoo control legislation at present, the related laws are scattered without system. The local laws are lack of authority to make it into full complement.A new revised Mangement Regulation on Hygiene in Public Places (drafed) simply uses"promote"instead of "implement" tabacoo control and distributes the power of legitlation into local govenment which goes far from the requires of convention. So the thesis also makes horizontal comparison on local laws of tabacoo control continually revised and implemented since March,2010.Then, it is concluded that there still exists a big gap between the requirement of our country's tabacoo control and the convention's.An important way to solve the difficulty in tabacoo control lies in raising public attention.Because there exists limitation in individual's strength and knowledge,so the goverment should make proper guidence for individual to meet the requirement of convention.The thesis analyzes the government's importance in tabacoo control, tabacoo control reform and enforceable laws, and it also focus on restructering of tobacoo monopoly's legislation.We should realize that tabacoo control is a general trend,so we must consist on right public opinions,enforce national legislation and make great effort to separate management between government and enterprise to solve the difficult problem of tabacoo control.Much can be done in Chinese tabacoo control.