中国公共场所禁止吸烟法规现状分析

目的 了解全国地级及以上城市公共场所禁止吸烟法规制定情况,为我国即将制定的全国性的公共场所禁止吸烟法规提供依据.方法 采用查阅文献和问卷调查的方法.结果 全国地级及以上城市中有控烟法规占45.7%(154/337);154项控烟法规中,10.4%由地方人民代表大会颁布,88.3%由政府颁布,其他机构发文的占1.3%.各地法规的定义不统一,包含的禁烟场所范围也不同,其中,包含4～6类的占17.4%,7～8类的占68.7%,9～10类的占13.9%.法规中要求主管部门设立专门禁烟检查员的有8.6%,要求禁烟单位内部设立兼职检查员的有31.9%,没有要求设立禁烟检查员的有58.6%.法规中对违反规定的单位罚款5～500元的占9.6%,＞500～1 000元的占20.0%,＞1000～2000元的占10.4%,＞2 000～5 000的占9.6%;对违反规定的个人罚款1～5元的占12.1%,＞5～10元的占22.4%,＞20～100元的占10.3%.法规颁布后有5.8%(9/154)的地级市进行过修订.结论 我国缺少一部专门的公共场所禁止吸烟法规;地方法规执行力度小,效果欠佳;与目前国际上在控烟立法方面做得成功的国家差距较大.

Current Situation of Law and Regulation for Banning Smoking in Public Places in China

Objective To understand the making of laws and regulations for banning smoking in the public places in big cities in China and to provide the reference for making a national code.Methods The methods of literature search and review were employed,as well as questionnaire survey.Results 45.7% of the big cities had the relevant local laws and(or)regulations and 10.4% of the codes were issued by the local People's Congress,1.3% by the other institutions.Definitions used in the local legal and regulatory codes are different.Of the local legal and regulatory codes,17.4% involved four to six types of the public places,68.7% involved seven to eight types and 13.9% involved nine to ten types.Among the codes,8.6% provided that smoke ban inspector should be appointed by the authority in charge,31.9% required the department where smoking is banned to appoint the inspector,58.6% did not request the appointment at all.As for the violating law unit,9.6% of the codes issued a fine of 5-500 Yuan,20.0% issued a fine of 500-1 000 Yuan,10.4% issued a fine of 1 000-2 000 Yuan and 9.6% issued a fine of 2 000-5 000 Yuan.As for the violating law individual,12.1% of the codes issued a 1-5 Yuan fine,22.4% issued a 5-10 Yuan and 10.3% issued a 20-100 Yuan.In 5.8% of the big cities,the codes were revised.Conclusion Up to now,there is no a national law for banning smoking in the public places in China.The effect of the local laws and regulations on banning smoking in the public places is not satisfactory.China still has a long way to go in controlling smoking in the public places compared with the advanced countries.