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On The Definition Of "public Place" In My Country's Tobacco Control Legislation

Posted on:2020-12-13Degree:MasterType:Thesis
Country:ChinaCandidate:H H WangFull Text:PDF
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Scientific research proves that smoking not only affects one's physical health,but also causes others to passively inhale second-hand smoke,and its harm can not be underestimated.In view of this,44 countries around the world have formulated smoking bans in public places.China is the largest tobacco consumer and the largest tobacco victim all over the world.More than 300 million smokers and more than 700 million non-smokers have been or are suffering from second-hand smoke.As a party to the Framework Convention on Tobacco Control,China is also obliged to comply with tobacco control requirements under the Convention.So far,China has not yet formulated a state-level smoking-control legislation,but has authorized the legislative power to smoking-control to local governments,and local governments have established local rules or regulations.Although the current reality determines that it is difficult to achieve a total ban on smoking in China,we are fully capable of prohibiting or restricting smoking in public places.To protect the health of non-smokers in public places,the government needs to enact relevant regulations to control smoking.Among them,the definition of "public places" by smoking-control legislation directly affects the intensity of smoking-control in a country or a region and will become the key to the success or failure of smoking-control.The main parts of the article uses four chapters to analyze and discuss the definition of "public places" in China's smoking-control legislation.The first chapter combs the definition of "public places" in domestic legislation and analyzes the "public places" in the Criminal Law,Tort Liability Law,Advertising Law and Public Place Health Management Regulations and its Implementation Rules.And put forward the reference significance of the definition of "public places" in smoking-control legislation.The second chapter introduces the definition of "public places" in the smoking-control legislation,mainly represented by the United States,the United Kingdom,Singapore,and Hong Kong,Macao,Taiwan regions.It introduces the "public places"in the smoking-control legislation of the above three countries and Hong Kong,Macao,Taiwan regions.From the definition of "the way,the scope and name",the"public places" in the extraterritorial smoking-control legislation are carefully analyzed and compared.The third chapter studies local smoking-control legislation in detail,analyzes and compares the definition and scope of the "public places" in the smoking-control regulation,and points out the problems existing in the definition of "public places".Mainly analyzes the problems existing in the definition of "public places" in local smoking-control legislation from the definition of "public places" and the division of public places.The definitions are mainly generalized and enumerated,and enumeration is the main way.The local smoking-control legislation is unreasonable in the scope of "public places",mainly in the following six aspects:The first is that there is no difference between teaching institutions in smoking-control.The second is that the scope of smoking-control in medical institutions is slightly narrow.The third is that the smoking-control regulations on public transport are imperfect.The fourth is that the regulations on public cultural places still need to be improved.The fifth is that the regulations on the workplace need to be refined.And the sixth is that there are fewer regulations on the operating of food and beverage establishments.The fourth chapter first analyzes the factors that influence the definition of"public places" in the smoking-control legislation,such as the level of regional economic development,the groups involved in the site,the nature of the site,the capacity and flow of the site,the degree of closure of the site,etc.The two angles provide a definition of "public places" and hope to provide some useful help for the definition of "public places" in China's smoking-control legislation.
Keywords/Search Tags:smoking-control, legislation, public places, definition
PDF Full Text Request
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