On The Judicial Remedy For The Harm Of Tobacco

In face of the increasing harm of tobacco, the most effective way to resolve such problem is juridical remedy, namely, the tobacco litigation. In this article, the author introduced and analyzed the existing situation about the harm of tobacco, defined the connotation, compartmentalized the types and expounded the meaning of the tobacco litigation. Then the author introduced the development of the international tobacco litigation, especially American tobacco litigation, and analyzed some issues such as litigants, cause of action, onus probandi, punitive compensation, individual litigation and class litigation by classical case analysis civil action and public interest litigation respectively. Meanwhile, the author analyzed the advantages and disadvantages of these two types of litigation. Finally, the author introduced the first tobacco litigation in China, and analyzed the purpose, cause of action, claim, character `and meaning about it.In this article, the author expected the direction developing Chinese tobacco litigation with the comparative method through analysis and introduction of lots of American tobacco litigation cases. Firstly, in theory research, the nature of tobacco litigation and tobacco company behavior, the causality between the harm of tobacco and smoking need to be studied. Secondly, in legislation, besides legislation concerning tobacco control, the theory study achievement should be embodied into related law. Meanwhile, the reform of procedure law should be deepened, to establish public interest litigation system, etc. Finally, in judicial practice, confronted with increasing claim concerning the harm of tobacco, the mind of judges should be opened out of social responsibility. On the one hand, the tobacco civil litigation should be available as soon as possible; On the other hand, tobacco public interest litigation should be introduced into China provided that most of conditions are satisfied.