Legislate, lag behind, ban on opium-smoking and the opium trade, make, intimidate into a scrap of paper Difficult to carry out in most cities
Legislate, lag behind, ban on opium-smoking and the opium trade, make, intimidate into a scrap of paper Difficult to carry out in most cities
" the tobacco controls the frame convention " to stipulate according to World Health Organization, our country should ban on opium-smoking and the opium trade in an all-round way in the public place since January 1 this year, however, the reporter bans on opium-smoking and the opium trade on the first day the investigation visits finding, most cities make facing banning on opium-smoking and the opium trade to carry out the difficult problem, " ban on opium-smoking and the opium trade order " Become a scrap of paper. It marks hanging high to ban on opium-smoking and the opium trade, the smog still curls up Banned on opium-smoking and the opium trade on the first day, reporters visited nearly ten hospitals in Wuhan, find that does not hesitate to accuse of cigarettes and annotate more completely, but in some corridors and waiting rooms, the reporter sees many times someone smokes, on the garbage bin of the port of the lift, all have cigarette ash of cigarette end. Wuhan last to make, ban on opium-smoking and the opium trade, require to medical organization, set up, accuse of the intersection of cigarette and supervisor and persons who patrolled in the courtyard in an all-round way May, in order to try to stop smokers. In the interview, some accuses of cigarette supervisor's grieving repeatedly: Though most smokers can accept and try to stop, a few patients do not understand even abuse supervisors, in addition, patient and relative are highly liquid, the hospital does not have punishment power, it is not obvious to accuse of the cigarette result. Jinan, in public places such as bus stop, Spring City square, Jinan railway station,etc., smoker who is it is calm, self-assured to be can be seen everywhere. Even the medical organizations of a lot of ban on opium-smoking and the opium trade signs have been hung, the persons who have a cigarette are not small number. Reporter sees in the healthcare hospital for women children of city of Jinan, sometimes person in the stair someone smokes under the corner. In the Internet cafe of the street, basically put an ashtray in front of each computer, the different cigarette end is put inside. Not merely in Wuhan and Jinan, the reporter inputs " ban on opium-smoking and the opium trade " in one hundred degrees Two words, find " to ban on opium-smoking and the opium trade to make " The strength that it is given that not " " ,Ban on opium-smoking and the opium trade by phenomenon's, restaurant's, Internet cafe's,etc. public place be smoked by severely afflicated areaed to be become that the first day not to be general. Our country signed " the tobacco controlled the frame convention " in October of 2003. In August of 2005, the 17th meeting of the tenth Standing Committee of the National People's Congress was sanctioned " the tobacco controls the frame convention ", promise to ban on opium-smoking and the opium trade in the room of our country in an all-round way from January of this year in the public place. The regulation that some areas ban on opium-smoking and the opium trade to the medical organization in an all-round way, require until the end of 2010, more than half hospital needs to build up a unit smokelessly. Violated to smoke, why not fine Reporter's investigation finds, Jinan issued " regulation of forbidding smoking in the public place of Jinan " 15 years ago, take " Ban on opium-smoking and the opium trade " First step. Among them stipulate the gymnasium clearly, forbid smoking in nine major kinds of public places such as the theatre, library, nursery, middle and primary schools, medical organization, escalator and public means of transportation. So far, " to ban on opium-smoking and the opium trade to make " Has already gone through the course for 15 years, but will stipulate that very difficult to be been carried out strictly, the public understands there are very few rules of this department. " regulation of forbidding smoking in the public place of Jinan " is required clearly, " the inspector, to forbidding the smoker of public place that smokes within the range of our unit, should prevent, and can fine ten yuan. " Relevant person, Municipal Health Bureau of Jinan, tell reporter whether hygiene persons who smoke to the public place of responsible institution take the way to advise, educate mainly these years, there are very few ones that paid administrative penalty. An insider says, as the responsible institution of the hygiene, life does not limit right, even catch someone and smoke in the public place, if the party does not cooperate actively, it is very difficult for the enforcer to carry on administrative penalty. Wuhan release" public place forbid regulation of smoking " too in 2005, stipulate eight public place that prohibition smoke clearly, to carry out unit that stipulate, can sentence, fine while being more than 500 and less than 1000 yuan. The intersection of Wuhan and Municipal Health Bureau like, defend, do the intersection of director and disturbance Wu, state outright, because enforcer and law enforcement are insufficient, have not drawn a penalty note over the past 5 years, " to ban on opium-smoking and the opium trade to make " Become a scrap of paper. Disturbance Wu say because of lack understanding and effective means, dissuade from, initiate the dispute fight even frequently while being oral, the work of ban on opium-smoking and the opium trade is more difficult. There are rules that can be depended on, there can laws that can be followed Adviser of Wuhan municipal government Zheng YouDe says, at present, our country does not yet have a law that specially bans on opium-smoking and the opium trade to the public place, regulation that although 150 cities and areas such as Beijing, Shanghai, Hangzhou have all issued the public place and banned on opium-smoking and the opium trade, it is all right that it is difficult but there is a rule. Until the end of 2010, the accusing of cigarettes of our country legislates not to enter the legislative plan of National People's Congress yet. Accuse of cigarettes relevantly, get rid of the fragmentary regulation in laws such as " minors protect the law ",etc., only have two nationwide regulations - -And " management rule of the hygiene of public place " " about forbidding the regulation that smokes in the public means of transportation and waiting room ", it has already 19 and 23 years issued. Legal level relatively low not merely, and many to stipulate, lag behind seriously, impracticable already. Though the norm that all parts have mostly already banned on opium-smoking and the opium trade in some public places, supreme level is only the rule. Professor of research center Wang ChenGuang of the hygiene law of Tsing-Hua University thinks, the place legislates the legal grade is low, the public is not high to its degree of authoritative approval; Settlement and reality of the rights and obligations break off relations, there are few practicality contents, cause many regulatory measures to be unable to implement. More important, legislate itself fuzzy to legal regulation and design of execution mechanism of consequence, let the law be lacked and carried out strength. The reporter is in the course of interviewing, the implementation that the administrator of many public places makes to banning on opium-smoking and the opium trade has expressed that query, " can only try to persuade and can't manage, it is very apt to become a mere formality " ,Even issued the order of banning on opium-smoking and the opium trade, there are no relevant laws and regulations and implementing regulation, the difficulty of supervision is greater. Disease in Shandong is accused of chief of centre institute of health education Sun Tong and introduced, China Mainland bans on opium-smoking and the opium trade in the public occasion in an all-round way, it is only a notice at present, has not formed rules and regulations, has lacked and forced strength. The related departments do not have legislative authority while carried out. "A notice does not have legal engagement, its is mandatory and unable to reflect. Smoke in public place, will what punish and until who come on, punish, all these have clear regulation. " Sun Tong says, though there are many motions about banning on opium-smoking and the opium trade every year, it is in lagging behind state to legislate. Want to realize fundamentally that bans on opium-smoking and the opium trade in the public place, " legislative authority is essential, otherwise ban on opium-smoking and the opium trade and become a scrap of paper. " According to the requirement of honouring an agreement that " the tobacco controls the frame convention " of WHO, " since January of 2011, our country should totally forbid smoking in all indoor public places, indoor workplace, public means of transportation and other possible outdoor workplaces " . Last May, this news caused a sensation throughout the country, subsequently, the relevant person of Ministry of Public Health claimed, this is only " The requirement of " the tobacco controls the frame convention " of World Health Organization " ,Have not become the domestic legal provision of our country. Sign the convention, indicate to be diligent to this direction. In order to do the work of accusing of cigarettes and honouring an agreement well, the national medical system would realized overallly in 2011 Ban on opium-smoking and the opium trade. Professor Wang ChenGuang proposes, bans on opium-smoking and the opium trade in the public place of our country, should face the danger of tobacco and second hand smoke, with the guarantee? 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