"Beijing version of tobacco control order" sign public opinion smokers do not listen to persuade the maximum penalty of 200 yuan

The Standing Committee of the Beijing Municipal People’s Congress for the first time publicly solicited public opinions on a local expert’s draft proposal. This department may replace the current regulations on smoking bans in public places and changes from administrative control to public governance on the idea of ​​tobacco control.

Yesterday, the official website of the Standing Committee of the Beijing Municipal People’s Congress will publish the full text of the expert's proposal for the control of smoking regulations and publicly solicit public opinions. The deadline for soliciting comments is April 30th.

As a local regulation on smoking control, the expert's draft proposes to introduce the “World No Tobacco Day” and establish obligations for tobacco sellers, stipulating that on May 31, the “World No Tobacco Day”, tobacco product sellers should Stop selling cigarettes for one day and give Aiweiwei the authority to supervise sellers' compliance with this requirement.

Released: The Opinion Draft lasted for one year. Zhang Yin, director of the Legislative Affairs Office of the Standing Committee of the Beijing Municipal People's Congress, said that this was the first project of the standing committee of the Beijing Municipal People’s Congress after the initiation of the regulatory preliminaries study last year. The draft for this consultation was conducted by the China University of Political Science and Law. The professor should provide expert drafts for the task group for the responsible person. After the solicitation of opinions is completed, the research team will revise it according to opinions and suggestions from various parties. The revised expert's draft will be used as the basis for future drafting work and sent to relevant departments of the municipal government for further investigation and demonstration.

At the Fourth Session of the 13th National People's Congress in Beijing in January 2011, representatives of the 19 municipal people’s congresses of Song Songnian proposed formulating laws and regulations on the regulation of tobacco control. After discussion and approval by the presidium of the meeting, the decision was made to refer the regulation to the Standing Committee of the National People's Congress. It will organize relevant parties to carry out research on laws and regulations.

Zone: Indoor full non-smoking

The expert's draft proposes separate methods for indoor and outdoor use for non-smoking areas. Indoors include public places, workplaces, and public transport, as long as it is covered with a roof and surrounded by two or more sides, including elevators, corridors, underground passages, stairwells, etc., are all indoor.

Outdoors distinguish between non-smoking areas and restricted smoking areas. There are seven types of non-smoking areas, including outdoor areas of medical institutions and outdoor areas of public places such as youth education and training institutions that use minors as the main activities.

Smoking is restricted in outdoor restricted smoking areas, including scenic spots, parks, amusement parks and other leisure and entertainment venues. Except where the operator or the manager himself stipulates a total ban on smoking, the smoking area shall be designated. Smoking outside the smoking area is prohibited.

Penalty: Do not listen to persuade a minimum penalty of 50

Compared with the current regulations on penalties for violating laws and regulations, the expert's proposal draft has greatly increased the penalty.

Where citizens do not smoke in places where smoking is prohibited and they do not listen to discouragement, the municipal, district/county Aiweihui or related administrative departments shall order immediate corrections and impose a fine of not less than 50 yuan and not more than 200 yuan. The penalty imposed by the current regulations is 10 yuan.

In addition, for business managers who do not fulfill their obligation to discourage smoking, they will face fines ranging from 5,000 yuan to 10,000 yuan.

If the business managers of restricted smoking areas do not designate smoking areas, the municipal, district and county Aiweihui or related administrative departments shall order them to make corrections within a time limit, and those who refuse to make corrections will face fines ranging from 10,000 yuan to 30,000 yuan.

Restricted smoke area

【Indoor No Smoking Area】

Smoking is prohibited in indoor public places, indoor workplaces, and public transport. As long as it is covered with a roof and surrounded by two or more sides, including elevators, corridors, underground passages, stairwells and so on.

【Outdoor No Smoking Area】

1. The outdoor area of ​​a medical institution;

2. Outdoor areas in public places such as nurseries, kindergartens, primary and secondary schools, secondary vocational and technical schools, children's palaces, children's and children's activity centers, and various types of youth education and training institutions, where minors are the main activity groups;

3. Outdoor teaching areas of colleges and universities and other educational and training institutions;

4. Outdoor ticketing places and waiting areas for public transport;

5. Outdoor areas of public cultural activities such as libraries, exhibition halls, museums, art galleries, memorial halls, science and technology museums, etc.;

6. Gymnasium, stadium outdoor competition area and seat area;

7. Other places where smoking is prohibited by laws, regulations and rules.

【Outdoor restricted smoking area】

Smoking is banned in outdoor areas of recreational areas such as scenic spots, parks, amusement parks, etc. Except where the operator or the manager himself bans smoking, the smoking area should be designated. Smoking is prohibited in other areas outside the smoking area.

Interpretation of Song Yinnian: Let citizens participate in tobacco control

As the main drafter, Ying Songnian stated that the most important legal issue to be solved by tobacco control legislation is the relationship between the freedom of smokers and the right to health of non-smokers. Whenever a national or local anti-smoking campaign is conducted, the most common reason cited by opponents is that “the freedom of smoking cannot be restricted by protecting the rights of others.” This is the biggest obstacle to tobacco control.

Due to the difficulties of law enforcement, the tobacco control regulations issued by various localities are facing difficulties that are difficult to implement. Some people have previously issued the sound of failure to control tobacco in China.

In response to this, Song Song said that the Tobacco Control Regulations have a great change in the control of smoking patterns from the current prohibition of smoking in public places, from the former administrative control mode to the public governance model. In the past, it was thought that there was a law enforcement team for tobacco control law enforcement. However, in the face of a large number of smokers and numerous public places, a law enforcement team is far from able to complete its tasks. Therefore, citizens must be involved in tobacco control and maintain their right to health.