■ individual smoking and do not listen to discourage smoking, the health administration department shall order rectification and impose more than 200 yuan to 50 yuan fine
■ "according to the specified division of smoking and no smoking areas, according to the specified settings and signs warning against smoking," and "no smoking in the workplace found that smokers not to discourage the" units or individuals, will be health administrative departments shall order correction, given a warning, may impose a fine of 1000 yuan, it fails to do, is liable for more than two hundred five thousand yuan shall be imposed.
"Individual smoking and do not listen to discourage smoking, the health administration department shall order rectification and impose more than two hundred fifty dollars fine" - "health management practices in public places in Sichuan Province (Draft)" the latest revised version joined smokers against non-compliance penalty provisions.
"Discourage unnecessary, illegal should be punished!" "If the delegate penalty, commission who? Liability who pays?" On August 10, the provincial government Office of Legislative Affairs and the Ministry of Health jointly organized "health management practices in public places in Sichuan Province (Draft ) "expert meetings and provincial legal and health experts in the field have pointed out, let the" smoking ban "effective law enforcement and regulatory issues remain to be further clarified.
Violation or direct punishment to discourage smoking first?
Zou Zhongmin, deputy director of Legislative Affairs Office, according to the provincial government introduced legislation under the end of July, held a hearing on behalf of hearing the views of the community, the provincial government's Legislative Affairs Office of the "health management approach in public places in Sichuan Province (Draft)" was amended to include the right penalties for violation of provisions of smokers. "Measures" proposed: "an individual smoking and do not listen to discourage smoking, the health administration department shall order rectification and impose more than two hundred fifty dollars fine." "Measures" and clearly: "Failing to divide smoking and no smoking areas, according to the specified settings and signs warning against smoking," and "found in no-smoking areas for smokers are not discouraged," the units or individuals, shall be ordered by health administrative departments to correct, given a warning, may impose a fine of 1000 yuan, it fails to do, is liable for more than two hundred five thousand yuan shall be imposed.
Whether it is necessary to discourage the fine before the Provincial Academy of Social Sciences and the Law Xialiang Tian Chuan, director of the Law Faculty, Professor, Ph.D. Xu Jimin has a different view. "Should the procedure be limited to prevent abuse of individual parts of a fine power." Xia Liangtian that the fines are not the purpose of the penalty clause proposed adding "and refusing to listen to discourage," "refused to correct a limited period of time" and other restrictions. Xu Jimin is not considered necessary to carry out a discouraging, and smokers should be a direct violation penalties, or not achieve the law's deterrent effect.
Punishment can delegate to managers of public places?
Who is going to discourage? Who is punished? Experts pointed out that the provision does not specify this, the lack of operational penalties. The reality is that power is limited by health inspection departments, and very difficult to arrive at the scene for the first time penalties. It can entrust the health administration department managers and administrators in public places for punishment? "Executive power to delegate, but who bear the responsibility?" Tao Weidong, associate professor of Southwest University of Finance and Law School, pointed out that the health authority can delegate the implementation of the right punishment, but the event of litigation, will also be the responsibility of the health administration department. Provincial Health Department, the responsible person made it clear that they do not want to entrust enforcement to go out, "could not be punished for each offense is able to 'ban' should be the main guide and deterrent effect."
Tao Weidong also pointed out that smoking is concerned, no doubt more realistic penalty spot, but the state's "Administrative Punishment Law" provides for a natural person 50 yuan fine, fine on a unit less than 1000 yuan and 20 yuan in the amount of on-site collection the following, and "measures" "50 200 yuan more than the following" standard of punishment in conflict. The experts also pointed out that the "measures" should also have the concept and scope of tobacco control areas were clear, and add this and the administrative review and other related content.
Legislative Affairs Office of the relevant provincial government official said the next step will be to Guangzhou, Shanghai, Beijing and other tobacco control legislation has been the place for an inspection and supervision of law enforcement to find the road difficult to break, to draw on their successful experience of the "Measures" for further changes.
Filing procedures and requirements for public places to be clear
"Measures" in the hotels, barber shops, sports (Museum), exhibition hall and other public places in seven categories classified as Category A sites, will use the central air conditioning ventilation system in medical institutions, schools, offices and Internet cafes, kindergartens, youth centers and other division for the B sites, and provides for the implementation of workplace health permit A, B and places you should to the local health administration department. Experts believe that the expansion in the past on the basis of the scope of public places is necessary, but the detailed division of Group B sites put forward different views. Director, Centre for Disease Control and Prevention, Chengdu, Du Huilan that physicians, medical institutions focus on disease prevention and control of health, should not be limited to use of central air conditioning ventilation system which, it is recommended that all medical institutions into the B sites. Some experts recommend an increase in the CPI in place within the basement car park. "A division of B What are the criteria?" Tao Weidong proposed management of public places health permits, non-commercial place for the implementation of the record.
"Sports stadiums, waiting rooms need to engage in availability of health license?" Xia Liangtian that "measures" in public places unreasonable regulatory approach, Group sites require health permits face too. "Librarians, shopping malls are all in need of health card sales?" Xu Jimin also suggested that consideration should be given to protect the free operation and operating costs. The experts also suggested that "measures" inadequate provisions on procedural issues, filing procedures and requirements for public places should be further clarified.
In addition, the participants should be law experts also suggested the name be changed to "public places in Sichuan health management measures," they think "public place" than "public places" was far more standard and consistent with the upper law.
Source: Sichuan Online - Sichuan Daily
