Tao Zhe, member of the 14th NPC Standing Committee and chairman of Beijing Overseas Scholars Culture Development Co., Ltd., said that tobacco control should be controlled from the source. Because the tobacco monopoly system is a typical case of separating government from enterprise, while the health department is controlling tobacco, the tobacco monopoly bureau is drawing a grand blueprint to expand sales and output, which is one of the main reasons for the failure of tobacco control in China. Therefore, we should completely change this management situation, formulate the development plan of the tobacco industry, including the total annual sales, gradually reduce the total production and sales of tobacco year by year, and strictly control it from the source.
Tao Zhe proposed that victims of health damage caused by secondhand smoke should be allowed to file a lawsuit with tobacco companies, forcing them to assume social responsibility.
Banning tobacco advertisements in new media with the help of network supervision
Tao Zhe suggested that new media such as billboards, outdoor media, Weibo and WeChat should be completely banned from publishing tobacco advertisements. Beijing tobacco industry should open the network supervision mechanism and prohibit local online media from publishing relevant tobacco advertisements.
Wei Aimin, a deputy to the 14th National People's Congress and a lawyer of Beijing Contemporary Law Firm, believes that smoking scenes should be banned in TV, movies, internet and other media works, which will have a very bad influence on children.
It is also suggested that it is forbidden to publish tobacco advertisements in public places or in disguised form, and to ban all forms of tobacco sponsorship activities, especially advertisements related to teenagers.
Individuals can discourage smoking, and it is suggested to cancel this clause.
Jiang Zeping, a member of the Standing Committee of the 14th Municipal People's Congress, said that the first paragraph of Article 13 of the Bill stipulates that individuals who find smoking in no-smoking places may discourage smokers from smoking. But in fact, "do individuals have the right to discourage smoking?" Can personal discouragement of smoking lead to conflict? "Jiang Zeping raised such a series of questions in his speech that it is difficult for individuals to discourage smoking in practice, so he suggested canceling this paragraph.
Experts say
Laws and regulations should protect passive smokers.
Tobacco control expert Zhi said in an interview with the Beijing Times reporter yesterday that the tobacco control regulations should mainly protect the victims whose health is damaged by second-hand smoke. Because of the products of cigarette factories and the smoking behavior of smokers, the health of these people has been damaged. Regulations can stipulate that they have the right to sue tobacco companies and smokers who cause their passive smoking, especially smokers who cause their victims. At the same time, this provision should be clearly applicable to some specific litigation conditions.
In addition, Zhu said that the regulations should further clarify that passive smokers have the right to report indoor smokers to the public security and health departments. Public security, health and other departments should take measures such as fines for smokers after verification.
Focus of deliberation
How much is the fine for illegal smoking 1 individual?
If a citizen smokes in a no-smoking place, the administrative department of health shall order him to make corrections and impose a fine on 50 yuan, which shall be collected on the spot; Those who refuse to make corrections shall be fined in 200 yuan. Draft article 23
Should be severely punished, at least 500 yuan.
Jiang Zeping pointed out that in any laws and regulations, how to enforce the law and punish it is the most critical. The current bill is light in punishment and should be greatly aggravated.
Xia Yi, member of the Standing Committee of the 14th Municipal People's Congress and executive deputy secretary of the Working Committee of the Beijing Municipal Committee of the Communist Party of China, also believes that in order to control tobacco, it is necessary to increase the punishment and suggest raising the punishment standard. Xia suggested that individual fines should be progressive and the amount of fines should be increased. For example, if an individual smokes in a no-smoking place for the first time, he can be fined 500 yuan, and the fine for refusing to correct it is 1000 yuan.
In addition, for sellers of tobacco products, operators and managers of places where smoking is prohibited, in violation of the provisions of the Bill, the fine should be at least 1 10,000 yuan as the bottom line, and the fine of 1800 yuan is not a large amount for legal persons.
A fine of 100 yuan is more appropriate.
Liu Ying, member of the 14th Standing Committee of the Municipal People's Congress and full-time vice-chairman and secretary-general of the Beijing Municipal Committee of the Agricultural Workers' Party, said that the penalty for illegal smoking in the draft is indeed low, and it should be more appropriate to raise the fine to 100 yuan.
How to protect minors from cigarettes
Sellers of tobacco products should set up obvious signs that smoking is harmful to health and that they do not sell tobacco products to minors in a prominent position in the sales place; It is not allowed to sell tobacco products to minors. If it is difficult to determine whether they have reached adulthood, they should be required to show their identity documents. It is strictly forbidden to set up tobacco products sales outlets indoors, in primary and secondary schools and other places where minors are concentrated 100 meters. Draft article 20
Safety monitoring of cigarette sales places
During the deliberation, most members of the Standing Committee mentioned the harm of smoking to teenagers.
Some members also believe that there are regulations in Beijing that prohibit the sale of cigarettes within 100 meters around the school. But in fact 100 meter is a very short distance, and it is more appropriate to expand this area to 500 meters.
Wei Aimin suggested that cameras should be installed in cigarette sales places, so that law enforcers can check the contents of the cameras at any time and stipulate the storage time of surveillance videos. This can effectively raise the threshold of tobacco sales and reduce the scale of sellers.
Students smoke to punish their parents and teachers.
Fuxiang Li, member of the 14th Standing Committee of the Municipal People's Congress and Deputy Secretary-General of the Standing Committee of the Municipal People's Congress, suggested that smoking ban should also be advocated for certain groups, such as primary and secondary school students, drivers driving cars and chefs working in restaurants. Japanese laws and regulations prohibit primary and secondary school students from smoking, and violators will be expelled from school.
He also believes that it should be made clear that primary and secondary school students can't smoke, and offenders will be punished, and parents, guardians and teachers should also bear corresponding penalties.
Should smoking be restricted or prohibited in public places?
Smoking is prohibited in indoor public places, indoor workplaces and public transport. Draft article 4
The boundaries of public places should be refined.
Fuxiang Li thinks it may be difficult to ban smoking in public places. For example, in the office, some people work overtime at midnight to write materials and smoke, which is difficult to control. He suggested that which outdoor places can set up smoking areas, which must set up smoking areas and which cannot be set up should be further refined.
"How to define public places?" Wang Qi, member of the Standing Committee of the 14th Municipal People's Congress and chairman of the Financial and Economic Committee of the Municipal People's Congress, said that the concept of public places should be defined in the regulations. For example, do hotel rooms and long-term rental apartments count as public places? So should hotel rooms be non-smoking?
Wang Qi said: "Tobacco control is not a ban. Smoking itself is not illegal at present, and it is necessary to gradually quit smoking without affecting others. " For smokers, under the condition of not affecting others, they can be provided with a certain smoking place, and "one size fits all" is easy to cause contradictions. He suggested that conditional smoking areas should be allowed in some operating hotels and special workplaces. Otherwise, it is easy to cause a few smokers to smoke illegally, such as smoking in the bathroom, which is difficult to deal with.
Smoking should be prohibited in outdoor gathering places.
Zhang Xuebing, member of the 14th NPC Standing Committee and president of Beijing Lawyers Association, suggested that smoking should also be banned outside crowded places. For example, the outdoor areas of maternal and child health centers, children's hospitals and children's welfare homes should be designated as completely non-smoking areas, and smoking is not allowed in these places. Now, some gymnasiums have designated smoking areas outdoors. "I don't think there should be a smoking area in this place at all. Setting up a smoking area in the stadium is contrary to the purpose of smoking ban. "
In addition, a no-smoking area should be designated at the entrance of the building to prevent smoke from floating into the room, and 20 meters is more suitable.