A Study On The Tobacco Control Legislation In Public Places

With the improvement of social civilization,the people pay more and more attention to the problem that smoking in public places endangers public health,and the smoker’s freedom to smoke is harmful to the life and health rights and interests of non-smokers.In addition,China’s annual production,purchase and sale of tobacco products in the process and a large number of smokers in the process of smoking tobacco in China’s society’s air,land,natural resources and environmental losses are serious.Today,China’s tobacco products contribute to the gross national product and total tax revenue record high.Behind the high economic benefits of tobacco lies the problems of national health and public ecological environment,which should arouse the attention to the implementation of tobacco control measures in public places,the law can regulate the public for or not certain acts,and regulate smoking in public places through the rule of law,which is an effective way to protect the right to health of smokers and non-smokers,and an important way to protect the public environmental interests.At the time of emphasizing the protection of human rights,it is of great practical significance to study the rule of law in public places to control tobacco Starting with the overview of the tobacco industry and tobacco control trends,the first chapter summarizes the history of the rise of the international and domestic tobacco industry,analyzes the impact of tobacco on the life and health of itself and others,and emphasizes the damage of second-hand smoke and third-hand smoke to the life and health of minors,pregnant women and groups with special diseases.With a growing awareness of the dangers of tobacco products,countries have begun to adopt varying degrees of control over tobacco products,including accession to the Framework Convention on Tobacco Control.After analyzing the performance of tobacco control in China,the paper puts forward the shortcomings of tobacco control performance in China,which is very important because of the game between China’s tobacco control policy and tobacco interest industry.The second chapter of this paper analyzes the legislative examples of smoking control measures in extraterriter countries and the places that can be used for reference in the legislation of smoking control in public places in China.Through the United States,Britain,Thailand and other European and American and Asian countries to summarize the control measures,and then get the above-mentioned experience of extraterriterivese tobacco control to China’s enlightenment.The third chapter discusses the urgency of tobacco control legislation in public places in China,which is divided into external urgency and internal urgency.The external urgency first briefly combs the international image of China’s weak tobacco control,and secondly,from the perspective of human rights,analyzes the contradiction and game between the smoker’s freedom of smoking and the non-smoker’s right to life and health,and thinks that the smoker’s smoking behavior is inviolable to the basic right to life and health of non-smokers.Finally,it is considered that the legislation on tobacco control in public places is also based on the consideration of the global environment,and because of the need of environmental protection,the legislation on tobacco control in public places has certain urgency.The urgency within the legislation first points out that China currently lacks the relevant laws and regulations on tobacco control in public places at the national level,and secondly,the local laws and regulations promulgated by local cities in our country still have different degrees of shortcomings,and the realistic demand for tobacco control for modern urbanization life is still insufficient and not in line with the planning of new urbanization in China.The fourth chapter of this paper analyzes the factors that hinder the legislation of tobacco control in public places in China,and holds that the rights and obligations of smokers and non-smokers are not clearly defined in the Basic Law,so it has some obstacles to the unified legislation at the national level.In addition,the scope of public places to define different standards,China’s control agencies are weak implementation,the country is difficult to give up the tobacco industry brought about by the huge tax revenue has caused obstacles to China’s public places tobacco control legislation.The fifth chapter is to put forward feasible proposals for tobacco control legislation in public places in China.First,accelerate the construction of China’s special tobacco control legislation,as soon as possible to introduce unified legislation in line with national conditions,improve the scope of tobacco control and smoking rights of the content of the boundaries,enrich public places tobacco control laws and regulations.Second,improve the construction of the rule of law team,on the basis of ensuring a fair and independent legislative environment,clarify the scope of responsibility and implementation of the executive department,and thus improve the law enforcement capacity of the executive department,strict tobacco control.Third,accelerate the transformation of the tobacco industry,monopoly system and market allocation,promote the improvement of China’s tobacco technology,so as to build a healthy and orderly tobacco sales market.Through the demonstration role of public figures to strengthen tobacco control information disclosure and leading cadres to jointly improve public participation,build a common social control pattern of tobacco control.Through the above tobacco control strategies and recommendations,with a view to promoting China’s public places tobacco control legislation process.