Research On Legislation Of Smoking Control In Public Places In China

Influenced by the novel coronavirus pneumonia epidemic,both the international community and the country and individuals have a deep understanding of the importance of the right to life and health to the development of human society."Smoking is harmful to health" is a well-known warning,but the phenomenon of smoking is still everywhere.From the actual situation of our country,we do not pay enough attention to the health hazards of smoking.Therefore,the purpose of this paper is to call on the state to attach great importance to the harm of smoking to people's health,and to formulate the law of smoking control in public places as soon as possible to reduce the harm of smoking to public health in public places.First of all,this paper mainly uses the method of theoretical research to study and analyze the right to health in public places.The analysis of the content of the right to health is one of the fundamental factors in the national tobacco control legislation,which determines whether the country adopts the policy of "no smoking" or "control smoking",and also determines the scope of the public places for tobacco control.Secondly,through literature analysis and comparative research methods,collect and sort out the legislation and practice data of tobacco control in China and abroad,and combined with the relevant data provided by the World Health Organization,analyze and study China's tobacco control dilemma and find solutions.Finally,based on the summary of the relevant theoretical issues and the experience and lessons in the field,this paper proposes suggestions for the legislation of smoking control in public places in China.It is not easy to make the law of smoking control in public places at the national level,which needs to measure many factors.Therefore,this paper mainly discusses through five parts:The first part is the basic theoretical issues involved in the legislation of smoking control in public places,including the right to health,"smoking control" and "public places".These three concepts run through the legislation of smoking control in public places all the time,which determines the specific policy that China needs to adopt to deal with the problem of smoking.The second part is the research on the current situation of China's tobacco control legislation.It analyzes the current situation of China's national and local tobacco control,and analyzes the implementation of China's Tobacco Control Framework Convention(hereinafter referred to as FCTC),so as to understand the current progress of China's tobacco control.The third part is the existing problems in the legislation of tobacco control in China.From the two aspects of national laws and regulations related to tobacco control as well as the existing problems of local tobacco control legislation itself and the inadaptability of FCTC and "healthy China 2030" planning outline,this paper analyzes the two aspects,so as to pave the way for the formulation of national public places tobacco control legislation.The fourth part is about the successful model of extraterritorial tobacco control.This paper mainly studies and analyzes the successful experience of tobacco control legislation in Chinese Hong Kong,Singapore,Russia and other foreign countries,and the enlightenment to Chinese mainland's tobacco control legislation,so as to provide legislative reference for Chinese mainland's public places.The fifth part,through the analysis and summary of the above four parts,puts forward the legislative countermeasures and suggestions of the law of the People's Republic of China on the control of smoking in public places.I hope that the writing of this paper can arouse the attention of the academic circle and the legislative department,promote the realization of the legislation of the control of smoking in public places in China,and do my best to build a healthy China.As the author's educational background is still shallow,and my theoretical foundation is not deep enough,mistakes and omissions are inevitable.I hope that teachers and students can correct me.