Study On Legislative Construction Of Smoking-Control In Public Place Of China

There is a long story of China’s cigarette culture that many forms of smoking activities and smoking sets were buried in our traditional culture.By the developing of economy and increasing of population,and the raising numbers of the absolute population of smoking in china,nowadays people are informed in time that the damage of smoking and second-hand smoke by the internet.But the law about smoking-control were not developed as the time goes by,so this situation made the contradiction between the healthy situation of no-smoking people and the poor measure used in the field of smoking-control in public place in china has gone worse.What were happened make us to rethink about our smoking-control law in freedom and right’s perspective.Rights and duties,positive freedom and negative freedom are the both sides of the law.Either isolating the right or duty from the law,or overemphasizing positive freedom or negative freedom would not make the law available.Then how to make it available after that contradiction were placed,to make the law suit the society’s need of smoking-control and solve that contradiction is the most important issue.So I tried to analyze the contradiction’s condition basically and provide some solutions in the aspect of legislative construction.Legislative construction is also a progress of weighing and balancing the specific interest for some kind of people who benefit from one side of law and for the other kind that benefit from the other side of it.Meanwhile,based on analyzing and solving the contradiction,how to achieve the goal of our legislative construction and take good care of both sides’interest without ignoring any legal appeals at the same time,all it need is to clarify the boundary of individual freedom and national intervention,and further more clarify the conflict between the positive freedom and negative freedom on the nation legislative construction’s level,I think that "how"is needed to consider over and over for solving the contradiction between the smokers and non-smokers.