中国公共场所禁烟立法发展与完善GHI课件

1、Smoking Ban Legislation in Public Places in China-Development and ImprovementProf. Chen-guang Wang, Ph.D. Yan ChengSchool of Law, Tsinghua University第1页，共28页。A) General introduction on smoking ban legislation and its evaluation before FCTC (a) National Smoking Ban Norms in public places 1. smoking b

2、an norms was developed from the central to the local during this period, the Ministry of Health (MOH), the National Patriotic Health Champagne Committee has developed a series of regulations and norms to promote the locals efficient carrying out 1979, approved by the State Council , the MOH and othe

3、r ministry decorated the Notice on smoking harm and tobacco control initiate 1981, National Education Committee set clear in the Students Regulations: No smoking 1985, the National Patriotic Health Champagne Committee together with the Ministry of Railways set regulations Ban on spitting, littering

4、and smoking in smoke-free compartments on train 1987, the National Patriotic Health Champagne Committee together with the MOH and other ministries decorated Notice on no smoking initiate in places for children play第2页，共28页。 1987, the State Council promulgated the public places, health regulations to

5、 prohibit smoking in public places 1991, the Ministry of Health issued Rules for the Implementation of Public Health regulations, provides in theaters, video halls, concert halls, dance halls, music cafes, recreation room, gymnasium, libraries, museums, art galleries, museums, shopping malls, bookst

6、ores, public transport waiting rooms and other 13 categories of smoking bans in public places; 1991, the Patriotic Health Campaign Committee, the Ministry of Health and other eleven ministries jointly issued in public places and public transport to carry out in depth the activities of non-smoking no

7、tice; 1991, the China Tobacco Monopoly Law states: State and community to strengthen publicity and education on health hazards of smoking, prohibited or restricted in public transport and smoking in public places.“ 1991 years the PRC Law on the Protection of Children twenty- seventh article: No pers

8、on shall smoke in schools, kindergartens, nursery teachers, bedroom, and other health-focused activities rooms. 1997, the National Patriotic Health Campaign Committee, Ministry of Health issued on public transport and its ban on smoking in the waiting room, putting forward stricter requirements on i

9、t. 第3页，共28页。2 Characteristics and shortcomings of the national legislation during this period:(1) a lower level law, mainly administrative regulations, government regulations, rather than the NPC law.(2) there is no specific national tobacco control laws regulate smoking in public places rather than

10、 scattered in other laws and regulations, lack of a systematic system of norms and the corresponding penalties.(3) notice, the main provisions of advocacy, lack of legal stability and authority.第4页，共28页。 (B) local legislation Chinas large-scale public smoking ban legislation set up from the 1990s un

11、til the end of 2005, China Wuhan, Shaoguan, Nantong, Wenzhou, Jinan, Fushun, Hengshui, Weifang, Zhengzhou, Xining, Guiyang, Chongqing, Hohhot, Yinchuan, Urumqi, Dalian, Shanghai, Beijing, Nanchang, Qingdao and many other regions have promulgated specific smoking rules in public places within local s

12、pecification file. During this period local legislation has the following characteristics: 1. The force of law in this period mainly regulate smoking in public places all over the local government regulations, only a handful of cities as local laws and regulations, such as Qingdao, Zibo, Urumqi, Shi

13、jiazhuang, Zhengzhou, Tianjin. Legal effect is relatively low.第5页，共28页。2. Standardize the structure, during this time over smoking in public places is similar to the structure of norms, have largely adopted the legislative purpose, definition of non-smoking places, social advocacy, self-management,

14、passive smokers rights, smoking places on the unit where the punishment impede job processing, review and litigation, the requirements for health managers, non-smoking places on the individual smoking punishment system of norms. In the specific technical aspects of legislation, the definition of smo

15、king area adopts listing mode, the majority of areas in order to compensate for list-style may lead to the extension of undistributed taken a fallback style requirements, listed in the last paragraph, state laws and regulations No Smoking in other public places, “ according to actual needs, determin

16、ed by the municipal government banned smoking in other places , etc., for the expansion of public places possibilities.第6页，共28页。 3 entity content: (1) smoking places limited mainly to the limited indoor places, workplaces and hotels, restaurants and other public places are not included in the scope

17、of outdoor public places, smoking ban is not clear. (2) generally set smoking area (3) the implementation of the main provisions are not uniformed, single executive body does the work lacking of maneuverability. During this period the there are two categories carry out main provisions of law enforce

18、ment : Shanghai, Nanchang and so are managed by the provincial health bureau, penalty carried out by the local health bureau; Nanjing, Dalian and other places managedd by the provincial Patriotic Health Campaign Committee, while the Office of the competent authority, city, district, county Patriotic

19、 Sanitation is the executing agency for punishment.第7页，共28页。 4 clear focus on penalties object, clear legal position, but the legal representation is not accurate, not so conducive to publics understanding and acceptance. Smoking in public places throughout the legislative intention is to control se

20、condhand smoking damages the health of others, regulate smoking places emphasis on the specification and the performance of duties on non-smoking places, but are unified throughout the expression smoking in public places, and used till now . Order-driven legal defination and the way of expressd is n

21、ot conducive to an accurate grasp of the community spirit of the law and the core, are prone to psychological and emotional conflict第8页，共28页。 Appendix: Convention on smoking in public places before the main legal directories1. Wuhan ban on smoking in public places (2005 Amendment) (2005.11.09)2. Sha

22、oguan City, the ban on smoking in public places (2005.09.09)3. Nantong ban on smoking in public places (2004.07.20 Amendment) (1998.08.12)4. Wenzhou ban on smoking in public places (2004.01.17)5. Jinan ban smoking in public places (2001 modified) (2001.06.15)6. Fushun Provisional Regulations on smok

23、ing bans in public places (1999.05.25)7. Hengshui city smoking bans in public places management practices (1998.08.30)8. Weifang smoking regulations in public places (1998.08.27)9. Zhengzhou smoking regulations in public places (1998.07.24)10. Xining City, the ban on smoking in public places (1998.0

24、7.24)第9页，共28页。11. Guiyang Provisional Regulations of smoking bans in public places (1998.06.17)12. Chongqing ban smoking in public places fail (1998.06.01)13. Hohhot ban smoking in public places (2009 Amendment) (1998.05.22)14. Yinchuan Provisional Regulations on smoking bans in public places (1998.

25、03.18)15. Urumqi ban on smoking in public places (1998.01.06)16. Dalian Provisional Regulations on smoking bans in public places (1997.12.31 Amendment) (1995.08.30)17. Shanghai Provisional Regulations on smoking bans in public places (1997.12.19 Amendment) (1994.09.19)18. Nanchang Provisional Regula

26、tions on smoking bans in public places (1997 amendments)19. Qingdao city ban on smoking in public places (1997 modified) (1995.12.14)第10页，共28页。20. Anshan City smoking ban smoking in public places Provisional Regulations (1997.7.23)21. Smoking bans in public places Suzhou management practices (1997.0

27、4.12)22. Benxi City, the ban on smoking in public places (1997.04.11)23. Shijiazhuang city banned smoking in public places (1997.01.22)24. Harbin ban on smoking in public places (1996.12.28)25. Chengdu ban on smoking in public places (1996.10.14)26. Xiamen ban on smoking in public places (1996.09.24

28、)27. Changchun Provisional Regulations of smoking bans in public places (1996.08.09)28. Tianjin smoking regulations in public places (1996.07.10)29. Shantou SEZ city smoking bans in public places Provisional Regulations on the implementation details (1996.06.11)30. Jilin city ban on smoking in publi

29、c places (1996.04.23)31. Ningbo Provisional Regulations on smoking bans in public places fail (1996.04.18)第11页，共28页。32. Lanzhou implementation methods of smoking bans in public places (1996.03.01)33. Huainan Interim Provisions of smoking bans in public places fail (1996.01.29)34. Beijing banned smok

30、ing in public places (1995.12.21)35. Hefei ban on smoking in public places (1995.12.15)36. Haikou City, on the prohibition of smoking in public places of the Interim Provisions (1995.10.05)37. Nanning Provisional Regulations on smoking bans in public places (1995.09.22)38. Nanjing Provisional Regula

31、tions on smoking bans in public places (1995.09.20)39. Guangzhou on the prohibition of smoking in public places notice (1995.08.09)40. Chongqing Municipal Peoples Government ban on smoking in public places, the notice fail (1995.08.04)41. Shenyang Provisional Regulations on smoking bans in public pl

32、aces (1995.07.24)42. Zibo ban smoking in public places (1995.06.14)43. Suzhou ban on smoking in indoor public places, several provisions (amended in 1997) (1993.12.30)第12页，共28页。B) General introduction on smoking ban legislation and its evaluation after FCTC Legislation of this period showing a botto

33、m-up features: local legislation for the first, the department standard as assistance, to jointly promote the of national legislation. 1 local legislation: Typically, in 2008 the Beijing Municipal Government issued the Beijing banned smoking in public places the scope of certain provisions will be e

34、xtended to public places, workplaces, and restaunts. In 2010 second-hand tobacco smoke Nanchang Control Ordinance (draft) first use second-hand tobacco expression. In 2011, Harbin to prevent second-hand tobacco smoke regulations of China is the first local law and regulation in line with the require

35、ments of the UN Framework Convention on Tobacco Control.第13页，共28页。(2) national legislation: the Ministry of Health, Ministry of Education issued the relevant regulatory documents. In 2009 decision to ban smoking included in the 2011 national health system ,in 2010 Ministry of Education, Ministry of

36、Health issued “advice on the strengthening of school tobacco control efforts, respectively, and university health systems of these two major public places in the smoke standard control vertical advance, echo the local legislation. This May 1, 2011 public places, Health Implementation Rules,“ took ef

37、fect, Article 18 clearly states indoor smoking bans in public places.第14页，共28页。Appendix 2:2006 smoking in public places since the main legal directories:1. Public places, Health Implementation Rules (2011.5.1)2. Ministry of Education, Ministry of Health advice on the strengthening of school tobacco

38、control efforts (2010.6.12)3. About 2011 the national health system decision to ban smoking (2009.5.20)4. Guangzhou Smoking Control Ordinance (2010.9.1)5. Lhasa Patriotic Health Regulations implementation measures (2009.11.05)6. Anshan City, the Interim Provisions of smoking bans in public places (1

39、997.07.23)7. Shenyang Provisional Regulations on smoking bans in public places (1995.07.24)8. Luzhou Municipal Peoples Government on Further Strengthening the views of health education (2010.03.12)第15页，共28页。9 control smoking regulations in public places in Shanghai (2009. 12.10)10. Wuhu Municipal Pe

40、oples Government on Further Strengthening the health work of the patriotic views (2009.11.19)11. Jingzhou Provisional Regulations on smoking bans in public places (2009.10.09)12. Hohhot ban on smoking in public places (2008 Amendment) (2008.11.19)13. Maanshan smoking regulations in public places (20

41、08.10.18)14. Huaihua ban on smoking in public places (2008.06.24)15. Yichang City ban on smoking in public places (2008.06.14)16. Qingdao Municipal Peoples Government on Further Strengthening the Work of smoking bans in public places notice (2008.05.29)17. Luohe ban on smoking in public places (2008

42、.05.28)第16页，共28页。18. Shenyang notice smoking bans in public places (2008.05.14)19. Meizhou implementation of smoking bans in public places (2008.04.09)20. Yichang City ban on smoking in public places (2008.04.01)21. Beijing banned smoking in public places certain requirements range (2008.03.31)22. D

43、alian Provisional Regulations on smoking bans in public places (2008 Amendment) (2008.03.31)23. Hanzhong ban smoking in public places (2007.12.17)24. Daqing ban smoking in public places (2007.10.31)25. Shaoyang ban smoking in public places (2007.05.26)26. Tongchuan Provisional Regulations of smoking

44、 bans in public places (2006.12.28)27. Xianning Xianning City Peoples Government on smoking bans in public places Interim Provisions (2006.04.30)第17页，共28页。C) Progress &shortcomings of the national legislation after the implementation of the FCTCthe progress of smoking ban covered areas 1 has been ex

45、panding the range of public places. (1) some of the outdoor spaces into public places range. There are two different methods of provision. The first is: control smoking in public places in Shanghai regulations non-smoking places in the range, including nurseries, kindergartens, schools and Childrens

46、 Palace, the indoor and outdoor youth activity center area; MCH (the), Childrens Hospital, childrens Welfare Institute of indoor and outdoor areas. The second: Beijing, Yinchuan and other places only a few institutions express provision for indoor smoking, other smoking places not distinguish betwee

47、n indoor and outdoor areas. (2) specific non-smoking places more detailed list . Such as increasing the cafe, elevator and waiting area, the state authorities provided public services, work places, public utilities, financial institutions and other business premises.第18页，共28页。(3) further extension o

48、f the indoor public places and improvement of circumspect, indoor public places, smoking is clearly written public places, Health Management Implementation Rules, in the workplace are gradually incorporated into the scope of public places, (2) smoking and smoke-free zoning problems are gradually imp

49、roving.Harbin regulations to prevent second-hand tobacco smoke, a change in the traditional division of smoking and smoking areas of practice, while taking a progressive path, provides: Bill comes into force, Harbin hotels, dining room place in a certain period within the designated smoking floors,

50、rooms, after the expiration of non-smoking. Specific duration and scope, determined by the Harbin municipal government.第19页，共28页。3, law enforcement agencies to improve the setting, to further clarify the division of responsibilities. Around the new formulation and revision of laws and regulations, a

51、nd staffing in the implementation of the system has become more refined. A Case of Shanghai, Shanghai Provisional Regulations on smoking bans in public places, 1997 edition of the implementing agencies provided only a simple as: the prohibition of smoking in violation of the places where the unit, d

52、istrict or county Health Department at the following shall be punished . ; and the new control of smoking regulations in public places in Shanghai, is more detailed and informative on the different areas of supervision and law enforcement to take the division of labor model.第20页，共28页。4. Punishment h

53、as enhanced, more operational, but also conducive to the realization of legal deterrence. The modified units and individuals around the penalties were all improved. Penalties for violations of the no-smoking places from the initial range of 500-5000 yuan, up ten thousand dollars for the 2000-3; the

54、individual smokers punishment from the initial $ 10, adjusted to 50-200 per month. 5. Legal effect level has improved, more authoritative. Before 2006, the majority of our local legislation of local government regulations, lower level. In this round of changes, Shanghai, Yinchuan, Guangzhou, regulat

55、e smoking in public places were up for the effect of higher local laws and regulations.第21页，共28页。（B）major shortcomings1 the range of public places is still a gap with the requirements of the Convention. (1) the lack of public places and general definition, still in use list-style approach is not con

56、ducive to public places extension of the comprehensive. (2) outdoor smoking in public places yet to be fully realized. From all over the legislative point of view, although in different places around the outdoor smoking or have different standards, but overall, indoor and outdoor smoking area is inc

57、luded in the scope of the need for specialized, explicit nature of the regulations, an outdoor public place Smoking not fully realized. (3) setting apart smoking and non smoking areas are still common practice. Followed around the smoking legislation places more restrictions on smoking places with d

58、istinction, the catering, entertainment and other places designated as smoking rooms can be set (area) place restrictions on smoking. The concept of misleading the public, as they can not recognize the so-called passive smoke, no safe exposure level.第22页，共28页。2. Lack of unified national laws regulat

59、e smoking in public places to local laws and regulations and local government regulations based legal system, resulting in a series of questions. (1) The legal effect of low level lead to restricted types of administrative penalties. (2) differences in local law is not conducive to the formation of

60、a unified concept of smoking in public places and practices第23页，共28页。 3. Name of legal norms can not accurately express the legislative intent. Modifications of some local laws and regulations No Smoking to tobacco control, although such statements can be eased to some extent due to the general publ