A Study On The Legal System Of China’s Tobacco Control Under The Background Of The Framework Convention On Tobacco Control

The dangers of tobacco products is recognized worldwide, in order to restrict tobacco rampant and flooding hazards in the worldwide to protect human health, the World Health Organization (WHO) has started to pay attention to tobacco control issues from the1970s. In1995, the World Health Assembly developed the "FCTC motion", which proposed to open negotiations and finally passed a resolution in May of the following year. By2000, the Convention intergovernmental negotiations officially began and in March2003the final text of the Convention-the FCTC (Framework Convention on Tobacco Control, hereinafter referred to as "the Convention")passed. Convention mainly start from reducing the supply of tobacco products and the inhibition of the demand for tobacco products to control tobacco. It is mainly to protect the two rights, the rights that smokers know about the dangers of tobacco (Right to Know) and rights that non-smokers stay away from the dangers of secondhand smoke rights. February28,2005, the Convention entered into force and become the world’s first agreements in the field of public health on a global scale,and it began to promote the work of tobacco control.Because of the dangers and addictive nature of tobacco products, tobacco control has a long history. Tobacco control mainly refers to the management of the main use of political, economic, legal and other means of production, circulation and consumption of tobacco products to be controls to prevent the prevalence of tobacco uncontrolled flooding and the dangers of tobacco, so as to protect the legitimate rights and interests of citizens, an act.So far, tobacco control has achieved remarkable success in many developed countries. In developing countries, the lack of funds, backward technology, unperfect legal system, and many other factors hinder make tobacco control in these countries still has a long way to go. China is a big country, tobacco production and consumption of tobacco are the first in the world. There are350million smokers in China compared to1.1billion smokers worldwide. Huge base of smokers, as well as the negative results of the tobacco industry, which reflected that China is facing severe situation on tobacco control.It is ten years now since China’s FCTC entry. According to the agreement,the convention entered into force in our country from January9,2006.And China should make all it’s public places become non-smoking area in2011after5years of the transition period.However, China’s tobacco control still works Iittle.This is mainly because of unperfect legislation about tobacco control,and China’s tobacco control compliance mechanisms exist ills.Meanwhile, our country’s tobacco tax is not reasonable and the implementation of laws and regulations are not in place.For the achievement of tobacco control, we must fully aware of the China’s tobacco control, and focus on the latest progress on tobacco control.We will make efforts to proposed a new effective measures for China’s tobacco control by drawing on the experience of other countries and region(such as " health and welfare tax " of China’s Taiwan)and institutional innovation (such as tobacco control system).We should mast the main sprit and content of " Framework Convention on tobacco control "correctly, and analysis the problems of tobacco control. Also,it’s necessary to realize the importance of tobacco tax.Meanwhile we will study the United States as well as China’s Hong Kong and Taiwan’s achievements in the area of tobacco control.We suggest to set up perfect legal system for tobacco control.The subsidy system of tobacco taxes for tobacco growers is to be utilized.The mode of law enforcement for tobacco control will also be strengthen.In conclusion,our country’s fulfilling "Tobacco Control Framework Convention on" in order to achieve comprehensive tobacco control is an comprehensive and systematic social project, which requires multi-pronged various efforts.With people paying more and more attention to their own health, good producting and living environment is indispensable. Tobacco control legislation and law enforcement activities should be implemented the to create smoke-free environment for people and a good legislators and law enforcement should conscientiously perform their duties.The improvement of tobacco control work is becoming more and more urgent and important. As a law student, I take an eye on the residential environment which is closely related to the field of tobacco control, and write this paper to promote China’s tobacco control.