Research On Legal Problems Of Tobacco Control In Public Places In China

Smoking in public places seriously infringes on the health rights of non-smokers and social public interests.Controlling smoking through the rule of law is an effective way to regulate smoking behavior in public places and protect the health rights of smokers and non-smokers.Under the current situation of emphasizing the protection of human rights,it is of great practical significance to study the rule of law for smoking control in public places,which will help to provide useful experience for smoking control in public places in the future.Starting with the basic concepts of tobacco control in public places,the first chapter introduces the basic concepts of tobacco and tobacco products,public places and tobacco control,and analyses the necessity of tobacco control.Smoking not only endangers people's health,but also causes serious waste of resources and aggravates environmental pollution.It is particularly necessary and urgent to control smoking.Next,the second chapter of this paper analyses the theoretical basis of the legitimacy of tobacco control.Based on the demonstration of the existence of smoking rights and the rights of smokers,it is concluded that smokers do not have the so-called right to smoke,that smoking is at best only a restricted freedom,that smoking is only a choice of lifestyle,that non-smokers have the right to live and health free from smoke,to breathe fresh and clean air.And further clarifies the content of the rights of non-smokers,clarifies the relationship between the freedom of smoking and the rights of non-smokers.The third chapter of the paper discusses the legislation and judicial practice of tobacco control in China.Firstly,the legislative evolution of tobacco control in China is briefly summarized.Secondly,based on international law,international laws such as the FCTC provide international law support for tobacco control.Tobacco control in public places is a general consensus of the international community.Although there is no specific law for tobacco control at the national level in our country,the relevant contents of tobacco control are regulated by articles 33,51 of the Constitution,Advertising Law,Minors Protection Law and Tobacco Monopoly Law,and some provinces and regions in our country also have special local regulations for tobacco control.Judicial precedents supporting litigation requests for tobacco control in public places have judicial practice of tobacco control in public places.Tobacco control has both legal basis and judicial practice response.The fourth and fifth chapters of the article analyze the main dilemma of tobacco control legislation,law enforcement and public participation in China,and the corresponding strategies and suggestions for improvement.There are some problems in tobacco control legislation,such as law level of formal effectiveness of legislation,lack of uniform national tobacco control laws and regulations,inadequate scope of tobacco control legislation,insufficient entry of warning pictures of tobacco products packaging;difficult enforcement of tobacco control law,lax enforcement of tobacco control law,lax legal responsibility for tobacco control;and inadequate propaganda for tobacco control and poor awareness of tobacco control.It affects the public participation in tobacco control.Based on the outstanding problems of tobacco control and the actual situation of tobacco control in China,I put forward some countermeasures and suggestions to improve the legal activities of tobacco control in China.First,we should actively promote high-level legislation and improve smoking control laws and regulations.On the one hand,we should improve the level of effectiveness of tobacco control and formulate special national tobacco control laws and regulations;on the other hand,we should make up for the shortcomings of tobacco control content,improve the scope of tobacco control and the entry of tobacco packaging warning pictures.Second,improve law enforcement capacity and strictly control smoking.Thirdly,we should strengthen the disclosure of tobacco control information,improve public participation and build a co-governance pattern of tobacco control.By giving full play to the role of the public,we can form a good situation in which the whole society actively participates in tobacco control,so as to achieve good social effects in tobacco control.Through the above strategies and suggestions,we hope to contribute to the legal campaign of tobacco control in China,promote the process of legalization of tobacco control in China,and ultimately achieve a smoke-free China.