Legislative Analysis Of The "Regulations On The Control Of Smoking In Public Places In Shanghai"

Smoking control legislation is the most direct and effective way to regulate smoking behavior.The purpose of legislation,place scope,legal liability and relevant mechanisms constitute the core content of Shanghai tobacco control legal system.Therefore,this paper is mainly based on the newly revised "The Shanghai Regulations on Smoking Control in Public Places ",from several aspects of this specific analysis and evaluation:First of all,the author analyzes the nature of smoking behavior and the legislative purpose of "The Shanghai Regulations on Smoking Control in Public Places ",that is,�why smoking control�.Smoking behavior is neither characterized as a right,nor is it absolute freedom,but a kind of value choice.In public places,the interests of smokers and passive smokers are different,which inevitably lead to the conflict of value choice,but why existence of this conflict is the premise of smoking control legislation.Owing to the exercise of public power is a boundary,and the life cycle cost of " smoking control" is much lower than the "smoking ban",therefore,specification for smoking behavior by means of "control" instead of "forbidden".Secondly,this article analyzes the scope of smoking control in Shanghai,that is,"where smoking control".Smoking should be comprehensively banned in public places.what's more,for the "public place" should be possible to expand the interpretation which the more conducive to the protection of public health and good air environment.In this paper,by the comparison of before and after revision of "The Shanghai Regulations on Smoking Control in Public Places ",the author analyzes the reasons for the improvement of the scope of the place and the reasons for the cancellation of smoking areas.Then,this article analyzes the legal liability of Shanghai smoking control,that is,�how to punish the violation of the smoking control regulations".Warning is a necessary way to establish the legal responsibility of smoking control.Penalty is the most important way of responsibility,but should look at the role of the fine,rather than over the amount of fines.Generally speaking,the legal responsibility of smoking control embodies the thought of combining education with punishment.In the context of smoking control,"ordered to correct" is different from the warning,not a statutory administrative punishment,but to warn the incidental effect of this administrative punishment.In addition,in places with fire and explosion hazards of smoking,the circumstances are serious,shall be sentenced to administrative detention,the way this responsibility has higher law basis.Generally speaking,the meaning of criminal liability is greater than its substantive meaning.Finally,this article analysis the current situation and dilemma of smoking control in Shanghai,and according to the relevant supervision and law enforcement mechanism,site management mechanism,public participation mechanism put forward suggestions,that is,"how to better achieve the purpose of smoking control legislation".Smoking control work is faced with multi sectoral supervision and law enforcement is difficult to follow,site managers difficult to cope with.In this regard,we can improve the law enforcement model,heavy law enforcement blind spots,the establishment of a unified supervision and law enforcement evaluation mechanism to optimize the enforcement mechanism.Can be based on the self-discipline of site managers,At the same time to refine the legal responsibility for the implementation of site management optimization mechanism for management.We should smooth the channels of public supervision,optimize the public participation mechanism.