对我国履行《烟草控制框架公约》的研究
发布时间：2019-06-01 23:19
【摘要】：烟草流行已成全球性的公共卫生问题。健康权,是与生俱来的基本权利,如果吸烟者在吸烟的同时,损害到被动吸烟者的健康权,那么这种自由就必须受到一定的限制。世界卫组织针对烟草流行全球化之趋势,以保护被动吸烟者健康权、维系良好生存环境为出发点,于2003年5月21日,在第56届世界卫生大会一致通过了《烟草控制框架公约》(以下简称《公约》)。《公约》自2006年1月9日起在我国生效,根据对《公约》的承诺,我国将于今年1月9日起实现公共场所全面禁烟。如今承诺期到,但我国的履约承诺以失败告终。 本文首先通过对烟草危害和健康权的阐述明确公共场所禁烟的现实与法律基础。其次从防止烟草烟雾、烟草的税收和价格、烟草包装制品和标签、烟草广告以及烟草供应领域五个方面,探讨了《公约》在我国的履约情况,通过现状与《公约》的对比,指出我国《公约》的履行情况不容乐观。进而从我国现行的烟草专卖体制、公共场所禁烟的履约机制、执法能力以及公众意识等方面入手,分析了导致我国履约不力的主要原因。最后以此为切入点,在总结国际先进控烟国履约实践与经验的基础上,提出了实现我国公共场所全面无烟环境的相关措施。 控烟已是全球的共同趋势。中国公共场所禁烟目标的实现任重道远。尽管这个过程可能是漫长的、曲折的,但是为了公共的健康,公共场所禁烟发展方向不会改变。
[Abstract]:Tobacco epidemic has become a global public health problem. The right to health is a fundamental right born to smokers. If smokers damage the right to health of passive smokers while smoking, then this freedom must be restricted to a certain extent. In response to the trend of globalization of the tobacco epidemic, the World Health Organization, based on the protection of the right to health of passive smokers and the maintenance of a good living environment, was held on 21 May 2003, At the 56th World Health Assembly, the Framework Convention on Tobacco Control (hereinafter referred to as the Convention) was unanimously adopted. The Convention has entered into force in China since January 9, 2006, in accordance with its commitments to the Convention. China will achieve a total ban on smoking in public places from January 9 this year. Now the commitment period has arrived, but China's compliance commitments ended in failure. First of all, this paper clarifies the reality and legal basis of smoking ban in public places by expounding the harm and right to health of tobacco. Secondly, from five aspects: preventing tobacco smoke, tobacco tax and price, tobacco packaging products and labels, tobacco advertising and tobacco supply, this paper discusses the performance of the Convention in China, and compares the present situation with the Convention. It is pointed out that the implementation of the Convention in China is not optimistic. Then, from the aspects of the current tobacco monopoly system, the performance mechanism of smoking ban in public places, the law enforcement ability and public consciousness, this paper analyzes the main reasons for the lack of performance in our country. Finally, taking this as the starting point, on the basis of summing up the practice and experience of international advanced tobacco control countries, this paper puts forward some relevant measures to realize the comprehensive smoke-free environment in public places in China. Tobacco control has become a common trend in the world. There is a long way to go to achieve the goal of banning smoking in public places in China. Although the process may be long and tortuous, the direction of smoking ban in public places will not change for the sake of public health.
【学位授予单位】：上海社会科学院
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.1;D996.9
本文编号：2490659
[Abstract]:Tobacco epidemic has become a global public health problem. The right to health is a fundamental right born to smokers. If smokers damage the right to health of passive smokers while smoking, then this freedom must be restricted to a certain extent. In response to the trend of globalization of the tobacco epidemic, the World Health Organization, based on the protection of the right to health of passive smokers and the maintenance of a good living environment, was held on 21 May 2003, At the 56th World Health Assembly, the Framework Convention on Tobacco Control (hereinafter referred to as the Convention) was unanimously adopted. The Convention has entered into force in China since January 9, 2006, in accordance with its commitments to the Convention. China will achieve a total ban on smoking in public places from January 9 this year. Now the commitment period has arrived, but China's compliance commitments ended in failure. First of all, this paper clarifies the reality and legal basis of smoking ban in public places by expounding the harm and right to health of tobacco. Secondly, from five aspects: preventing tobacco smoke, tobacco tax and price, tobacco packaging products and labels, tobacco advertising and tobacco supply, this paper discusses the performance of the Convention in China, and compares the present situation with the Convention. It is pointed out that the implementation of the Convention in China is not optimistic. Then, from the aspects of the current tobacco monopoly system, the performance mechanism of smoking ban in public places, the law enforcement ability and public consciousness, this paper analyzes the main reasons for the lack of performance in our country. Finally, taking this as the starting point, on the basis of summing up the practice and experience of international advanced tobacco control countries, this paper puts forward some relevant measures to realize the comprehensive smoke-free environment in public places in China. Tobacco control has become a common trend in the world. There is a long way to go to achieve the goal of banning smoking in public places in China. Although the process may be long and tortuous, the direction of smoking ban in public places will not change for the sake of public health.
【学位授予单位】：上海社会科学院
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.1;D996.9
【参考文献】
相关期刊论文 前2条
1 田建新,李新华,杨功焕;从《〈烟草控制框架公约〉主席文本》看中国控烟工作面临的挑战[J];中国慢性病预防与控制;2002年04期
2 杨功焕,马杰民,刘娜,周灵妮;中国人群2002年吸烟和被动吸烟的现状调查[J];中华流行病学杂志;2005年02期
，本文编号：2490659
本文链接：https://www.wllwen.com/falvlunwen/guojifa/2490659.html
