China News Service, Beijing, October 11 (Wei Xianghui) Electronic cigarettes, which have been on the edge of smoking ban for a long time, have been explicitly banned in some public places.

Recently, some netizens posted a video of passengers smoking electronic cigarettes on the G689 high-speed train.

On October 8, 12306 customer service responded to the media saying that electronic cigarettes can be carried on the high-speed rail, but they cannot be smoked. If smoking on the high-speed rail is found or the smoke alarm is triggered, the police will be sent to the police for handling. If the circumstances are serious, they will bear criminal responsibility.

　　In recent years, various places have successively issued upgraded versions of the "smoking ban", making it clear that e-cigarettes are also among the smoking bans in public places.

Some experts say that banning e-cigarettes in public places should not be a legal blur.

Screenshot of a video of passengers smoking e-cigarettes on the high-speed rail.

High-speed trains may be held criminally responsible for vaping e-cigarettes

　　Many railway public security departments have reported that passengers smoke e-cigarettes on high-speed trains, mostly because they do not realize that e-cigarettes will affect the normal operation of the train.

　　According to the Changsha Evening News, on February 6 this year, the Changsha Railway Police seized two cases of passengers smoking electronic cigarettes in the toilets of the carriages, which triggered a smoke alarm.

When questioned by the police, both passengers said that they were smoking electronic cigarettes and believed that it would not affect the normal operation of the high-speed rail.

　　In February this year, the police station of Huainan South Station of the Bengbu Railway Public Security Department received an alarm from the train staff. A passenger on the high-speed train caused the smoke alarm device to alarm because of vaping electronic cigarettes. The speed of the train was reduced from 300 kilometers per hour to 230 kilometers per hour. .

The passenger was sentenced to administrative detention for 5 days by the railway public security organ.

　　According to the staff of the railway department, the smoke alarm device installed in the carriage is connected to the train operation control system. Once smoke is detected, the train will automatically slow down or even brake to a stop.

　　According to the "Railway Safety Management Regulations", those who smoke on high-speed trains or other non-smoking parts of the train will be fined between 500 yuan and 2,000 yuan. be sentenced to administrative detention or even investigated for criminal responsibility.

Data map: Passengers whose smoking caused the train to slow down were investigated by the railway police.

(Picture and text are irrelevant) Photo by Wang Zhaohui

Many places have included electronic cigarettes in tobacco control regulations

　　In recent years, the call for the inclusion of electronic cigarettes in the scope of tobacco control is growing, and various places have successively introduced measures to increase the supervision of electronic cigarettes.

　　This year at the Shanghai Two Sessions, Sun Jun, a representative of the Shanghai Municipal People's Congress, suggested adding clauses to the "Regulations on Smoking Control in Public Places of Shanghai" (referred to as "Regulations on Tobacco Control"), which clearly stipulates that "smoking refers to the use of electronic cigarettes, the use of electronic cigarettes, the other tobacco products burned."

　　On October 1, 2019, the "Shenzhen Tobacco Control Regulations" issued by Shenzhen included electronic cigarettes in the scope of tobacco control.

In December of the same year, the Shenzhen Tobacco Control Office released a new version of the tobacco control logo, adding an electronic cigarette icon for the first time.

　　In 2021, according to People's Daily Online, Hainan, Chongqing, Dalian in Liaoning, Hangzhou in Zhejiang, Zhengzhou in Henan, Shenzhen in Guangdong, Nanning in Guangxi, Hainan, Chongqing and other places have included e-cigarettes in the scope of tobacco control, prohibiting the use of electronic cigarettes in indoor public places, indoor workplaces, Electronic cigarettes are used in public transportation, and places, signs, and fines are clearly stipulated.

　　Dalian and Chongqing also clearly pointed out that smoking (including electronic cigarettes) is prohibited in waiting areas of public transportation such as buses, long-distance buses, taxis, subways, trains, ships, and civil aircraft where crowds gather.

Data map: The Tobacco Monopoly Bureau of Changxing County, Huzhou City, Zhejiang Province and the Market Supervision and Administration Bureau carried out inspection and education on e-cigarette operators in the jurisdiction.

Photo by Ye Qunying

Experts call for legislation to ban e-cigarettes in public places

　　On October 1 this year, the "Compulsory National Standard for Electronic Cigarettes" (hereinafter referred to as the "National Standard for Electronic Cigarettes") was officially implemented.

The State Tobacco Monopoly Administration has made it clear that after the implementation of the national standard, the bureau will work closely with relevant departments to establish working mechanisms such as joint inspection, joint law enforcement and execution, and build a "online cleanup, offline control, full chain coverage, and joint governance". market supervision system.

　　Zhang Jianshu, president of the Beijing Tobacco Control Association, believes that the national standard for electronic cigarettes is the first step for electronic cigarettes to join "tobacco control".

"E-cigarettes are not allowed in public places, and this shouldn't be a legal ambiguity," he said.

　　"There are many complaints about vaping in public places, and it is difficult to deal with them." Zhang Jianshu said that on the one hand, users have misunderstandings.

Some people think that electronic cigarettes are not cigarettes and are not within the scope of smoking ban.

On the other hand, e-cigarettes are concealed, and it is not easy for people to detect who is carrying or who is smoking, which makes it difficult to obtain evidence.

　　Xia Hailong, a lawyer from Shanghai Shenlun Law Firm, introduced to Chinanews.com that the direct basis for the supervision of electronic cigarettes is the "Regulations on the Implementation of the Tobacco Monopoly Law", of which Article 65 stipulates that electronic cigarettes and other new tobacco products refer to these regulations. Regulations are enforced.

The superordinate law that implements the regulations is the Tobacco Monopoly Law.

　　"The prohibition of smoking on high-speed rail is mainly for safety reasons, and various atomization equipment including cigarettes and electronic cigarettes cannot be used, so smoking is not only prohibited." Xia Hailong mentioned that all departments in charge of public places can strictly follow the " The relevant provisions of the Regulations on the Implementation of the Tobacco Monopoly Law stipulate that smoking is prohibited, but in reality, it may take a process to implement it in place.

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