论公共卫生视阈下烟草控制的法律规制路径
发布时间：2018-08-14 14:46
【摘要】：烟草危害是当今世界最为严重的公共卫生问题之一。法律对公共卫生的直接调整,面临着个人自由、公众健康以及国家利益的冲突和博弈。通过侵权法实现法律对公共卫生的间接调整,是协调这一冲突的重要路径。然而,在烟草侵权诉讼中,因果关系之证成、赔偿范围之划定均面临困难,加之被告经常提出责任免除或减轻的抗辩,其实践效果差强人意。在现有法律调整不足的背景下,充分发挥诉讼外救济的功能,是适当填补受害人损失,进而间接增进公共健康的有效路径。
[Abstract]:Tobacco harm is one of the most serious public health problems in the world. The direct adjustment of law to public health is confronted with conflicts and games of individual freedom, public health and national interests. The indirect adjustment of law to public health through tort law is an important way to coordinate this conflict. However, in the tobacco tort lawsuit, the evidence of causality and the demarcation of the compensation scope are all faced with difficulties. In addition, the defendant often raises the defense of exemption or mitigation of responsibility, and its practical effect is unsatisfactory. Under the background of insufficient adjustment of the existing law, it is an effective way to make full use of the function of extra-litigation relief to fill the loss of the victim and indirectly improve public health.
【作者单位】： 清华大学法学院;
【分类号】：D923;R193.3
[Abstract]:Tobacco harm is one of the most serious public health problems in the world. The direct adjustment of law to public health is confronted with conflicts and games of individual freedom, public health and national interests. The indirect adjustment of law to public health through tort law is an important way to coordinate this conflict. However, in the tobacco tort lawsuit, the evidence of causality and the demarcation of the compensation scope are all faced with difficulties. In addition, the defendant often raises the defense of exemption or mitigation of responsibility, and its practical effect is unsatisfactory. Under the background of insufficient adjustment of the existing law, it is an effective way to make full use of the function of extra-litigation relief to fill the loss of the victim and indirectly improve public health.
【作者单位】： 清华大学法学院;
【分类号】：D923;R193.3
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