Previously, some famous actors and singers were criticized for being photographed smoking in public places and indoor public areas and finally apologized to the public.
For the behavior of female stars in the above video, some netizens think that indoor smoking in the video is wrong; There are also some netizens who think that smoking at private parties is understandable, and that "smoking is not illegal" and "not interfering in other people's affairs".
The different views of netizens also reflect people's different understanding of non-smoking places in reality. Many people know that smoking is not allowed in public places, but they may not know how the law stipulates that smoking is not allowed in public places.
Judging from the specific news, why can't you smoke in public places? Is it illegal to smoke at private parties? What are the public places where smoking is prohibited? What are the legal consequences of smoking in public places? What are the main tobacco control subjects? What should I do if I meet someone who smokes? In this regard, Fa Baojun invited Professor Xu Jing from School of Journalism and Communication of Peking University and Peking University Institute of Global Health Development to answer them one by one.
Q: Why is smoking not allowed in public places?
Xu Jing: Smoke contains many toxic and harmful chemicals, including at least 69 carcinogens. Smoking has done great harm to the health of China residents. China Cardiovascular Health and Disease Report 20021shows that in 20 17, the number of deaths caused by smoking in China was 2.6 million, accounting for nearly one third of the total number of deaths caused by tobacco use in the world (8.3 million). This also includes many victims of second-hand smoke. Therefore, both smoking itself and passive smoking (that is, second-hand smoke) will do great harm to human health, even fatal harm. A total ban on smoking in public places is to protect public health. No one should smoke in public places, whether for their own health or for the health of others.
From a legal point of view, the Detailed Rules for the Implementation of the Regulations on Hygiene Management in Public Places clearly put forward the prohibition of smoking in indoor public places. At present, Beijing, Xi, Shanghai, Shenzhen and other places have also introduced and implemented local tobacco control legislation. All these local legislations stipulate that indoor public places, workplaces and public transport are completely banned from smoking.
Q: What are the public places where smoking is prohibited?
Xu Jing: Public places refer to public buildings, places and facilities for public work, study, economic, cultural, social, entertainment and sports activities, which meet certain needs of life. Taking Beijing and Hangzhou as examples, the Regulations on the Control of Smoking in Beijing clearly stipulates that smoking is prohibited in public places, indoor areas of workplaces and public transport, and smoking is also prohibited in some public places and outdoor areas of workplaces, such as kindergartens, primary and secondary schools, children's palaces, child welfare institutions and other places where minors are the main activity groups; Cultural relics protection units open to the society; Competition area and seating area of sports venues; Maternal and child health care institutions, children's hospitals and so on.
The Regulations on the Control of Smoking in Public Places in Hangzhou stipulates that places that provide education, teaching, activities and services for minors, maternal and child health hospitals, children's hospitals and other medical and health institutions that mainly provide services for women and children, including children's welfare institutions, stadiums, cultural protection units and other public places are also non-smoking areas, and electronic cigarettes are also prohibited.
It should be noted that the single office is also a public place. Because it can't isolate second-hand smoke, with the opening and closing of the door, the smoke will inevitably spread to other work areas. Therefore, you can't smoke in a single office.
Q: Is it illegal to smoke at private parties? ?
Xu Jing: If a private party is held in a place where smoking is prohibited by local laws or regulations, the participants in the party should abide by the smoking ban, otherwise it will be illegal. Take Beijing as an example. If the party is held in an indoor area of a restaurant or entertainment venue, participants should abide by the tobacco control regulations and not smoke. Violators should be punished
Q: What are the legal consequences of smoking in public places?
Xu Jing: Due to different local conditions, it needs to be analyzed according to specific regulations.
Take Beijing, Shanghai and Shenzhen as examples. The Regulations on the Control of Smoking in Beijing stipulates that those who smoke in places where minors are the main activity groups shall be ordered by the relevant departments to make corrections, given a warning, and may be fined from 200 yuan to 500 yuan; Those who smoke or wait in line in other places where smoking is prohibited shall be ordered by the relevant departments to make corrections, and may be fined in 50 yuan, and those who refuse to make corrections shall be fined in 200 yuan.
The Regulations of Shanghai Municipality on the Control of Smoking in Public Places stipulates that if an individual smokes in a no-smoking place and does not listen to dissuasion, the relevant department shall order him to make corrections and impose a fine of more than 50 yuan but less than 200 yuan.
The Regulations on the Control of Smoking in Shenzhen Special Economic Zone stipulates that those who smoke in places where smoking is prohibited shall be ordered by the relevant departments to make corrections according to the scope of their duties, fined by 50 yuan and collected on the spot; Refuses to correct, a fine of two hundred yuan; Obstruct law enforcement, a fine in 500 yuan; Minors in the above circumstances, by the relevant departments in accordance with the scope of duties to be admonished and educated and ordered to make corrections.
It is not difficult to see that the types and methods of punishment for violating tobacco control regulations in these three places are basically the same, but the amount of fines is slightly different. Moreover, in some local tobacco control regulations, it is mentioned that those who smoke in places where smoking is prohibited, do not listen to dissuasion, disturb social order, or hinder relevant departments from performing their duties according to law, and violate the Law of People's Republic of China (PRC) on Public Security Administration Punishment, shall be punished by the public security department; If a crime is constituted, criminal responsibility shall be investigated according to law.
Q: Who is responsible for tobacco control? What are the specific responsibilities of each subject?
Xu Jing: The responsible subjects of tobacco control are individuals, operators and managers of no-smoking places and local health departments. Taking Beijing as an example, the Regulations on the Control of Smoking in Beijing requires that individuals should abide by the provisions of laws and regulations and not smoke in places where smoking is prohibited and in queues; Individuals who find smoking in no-smoking places can discourage smokers from stopping smoking; Operators and managers of non-smoking places have the responsibility not only to establish a non-smoking management system in their own places, but also to discourage smokers in their own places, and so on. The health department is responsible for organizing the formulation of policies and measures to control smoking, implementing health supervision and management of smoking control, accepting reports and complaints about illegal smoking, investigating and dealing with illegal acts according to law, and regularly publicizing the investigation to the public.
Q: What should I do in the face of illegal smoking?
Xu Jing: If we encounter illegal smoking in public places where smoking is prohibited, we can remind or discourage smokers by ourselves, or we can inform the staff present (such as waiters in restaurants) and ask them to help remind and discourage smokers; If dissuasion is weak or smokers refuse to cooperate, they can call the local report and complaint number, and the tobacco control supervision department will intervene.
Q: What are the difficulties in tobacco control at present?
Xu Jing: Some progress has been made in tobacco control in China for some time, but there is still a gap from the requirements of WHO Framework Convention on Tobacco Control. It is necessary to further strengthen tobacco control legislation at the national level to provide more powerful legal protection for tobacco control. In recent years, the continuous growth of tobacco production and marketing has brought some resistance to tobacco control. There are still some groups with weak awareness of tobacco control, and some departments have insufficient supervision and law enforcement. In addition, e-cigarette is also a new challenge to tobacco control, and its harm has been recognized, but its governance and supervision still need to be strengthened.
Q: Apart from banning smoking in public places, what other policies and measures are there to control smoking? What should I do? ?
Xu Jing: Among the 15 major actions proposed by Healthy China Action (2065,438+09-2030), the fourth special action is tobacco control action, including? "Promote individuals and families to fully understand the serious harm of smoking and second-hand smoke exposure; Encourage leading cadres, medical personnel and teachers to play a leading role in tobacco control; Build party and government organs at all levels into smoke-free organs; Study and apply comprehensive means such as taxation and price adjustment to improve the effect of tobacco control; Further strengthen the management of cigarette packaging labels and improve the content and form of tobacco hazard warning; By 2022 and 2030, the proportion of people protected by the comprehensive smoke-free law will reach 30% and above and 80% and above respectively? And other specific action goals.
Therefore, for individuals, always tighten the string of "smoking is harmful to health", spontaneously control smoking or supervise others to smoke, and smokers should quit smoking as soon as possible; Efforts should be made to create smoke-free families and protect them from the harm of second-hand smoke. At the social level, we should advocate a smoke-free culture, actively use health theme days and other activities to carry out in-depth tobacco control publicity. Pay more attention to teenagers' smoking to avoid teenagers being harmed by tobacco. Enterprises and institutions, neighborhood committees, social organizations and individuals should be mobilized to participate in tobacco control and strive to build a smoke-free society. On the government side, it is necessary to gradually increase the proportion of the population covered by comprehensive smoke-free laws and regulations, and achieve a comprehensive ban on smoking in indoor public places, indoor workplaces and public transport throughout the country. Actively promote the construction of smoke-free environment and strengthen the supervision and law enforcement of tobacco control in public places. According to the requirements of China's "Advertising Law" on tobacco advertising, we should strengthen the supervision and enforcement of tobacco advertising, severely investigate and punish illegal acts of publishing tobacco advertisements in mass media, public places, public transport and outdoors, and incorporate smoking cessation services into national basic medical and health services to improve the accessibility of smoking cessation services.
A brief comment
Smoking is harmful to health. Only by staying away from tobacco can you protect your health.
Tobacco control is an important part of promoting the construction of a healthy China, which is not only related to people's life and health, but also related to the progress of social civilization. Healthy China should also be smoke-free China.
Tobacco control is the common responsibility of the whole society, and everyone needs to participate, especially public figures. Their words and deeds are eye-catching, and they should set an example and play a good demonstration role. I hope everyone will take active actions to contribute to the construction of clean and smoke-free healthy China and beautiful China.
What else do you need to know about tobacco control:
(Thanks to Jesuli Chen, a doctoral student majoring in health communication at the School of Journalism and Communication, Peking University, for providing some picture support)