Laws and regulations become the basic guarantee for tobacco control
Beijing and Shanghai achieve the goal of healthy China tobacco control ahead of schedule
□ Our reporter Zhu Ningning
May 31st is World No Tobacco Day.
Recently, the Xintan Health Development Research Center released the report "China's Tobacco Control Observation - Folk Perspective".
This is the 13th consecutive annual report on tobacco control from a private perspective written by the center.
The report shows that the adult smoking rate in China has dropped from 28.1% in 2010 to 25.8% in 2020, but it is far from the "Healthy China Action (2019-2030)" proposed by 2030. There is still a big gap in tobacco control goals.
Local regulations help achieve tobacco control goals
The report shows that at present, Beijing and Shanghai have achieved the goal of reducing the adult smoking rate to below 20% ahead of schedule.
Since the implementation of the "Regulations on Smoking Control in Beijing" on June 1, 2015, the construction of a smoke-free environment in Beijing has continued to improve, the general public's awareness of civilized health has been continuously improved, and the adult smoking rate has gradually decreased.
Data from the Fourth Beijing Adult Tobacco Survey in 2021 shows that the adult smoking rate in Beijing is 19.9%, and the number of smokers has decreased by 630,000 compared with before the promulgation of the "Beijing Smoking Control Regulations".
Beijing achieved the "Healthy China 2030" tobacco control goal nine years ahead of schedule.
Shanghai also has achieved the "Healthy China 2030" tobacco control goals.
Since the “Regulations on Smoking Control in Public Places of Shanghai” came into effect on March 1, 2017, the adult smoking rate in Shanghai has declined for seven consecutive years, reaching 19.4% in 2020, reaching the “Healthy China 2030” tobacco control goal ahead of schedule.
According to Jiang Yuan, former director of the Tobacco Control Office of the Chinese Center for Disease Control and Prevention and deputy director of the Xintan Health Development Research Center, one of the important reasons for Beijing and Shanghai to achieve their tobacco control goals ahead of schedule is that both places have implemented comprehensive smoke-free local legislation.
In view of this, Jiang Yuan believes that to achieve the tobacco control goals of the "Healthy China Action (2019-2030)", comprehensive smoke-free regulations at the national level should be introduced as soon as possible.
At the same time, smoking cessation services should also be included in the national basic medical and health services to improve the accessibility of smoking cessation services.
The concept of health integration into Wance has been gradually formed
From January 1, 2021, the Civil Code will take effect.
Article 1004 of the Civil Code clearly stipulates that natural persons enjoy the right to health.
The physical and mental health of natural persons is protected by law.
No organization or individual may infringe upon the right to health of others.
From June 1, 2021, the newly revised Minor Protection Law will take effect.
In order to protect minors from tobacco harm, the newly revised Minor Protection Law has achieved many "zero breakthroughs" in minors' tobacco control legislation.
Among them, Article 17 expands the definition of tobacco to include electronic cigarettes.
Article 59 stipulates that tobacco, alcohol and lottery sales outlets shall not be set up around schools and kindergartens.
The sale of cigarettes, alcohol, lottery tickets or the payment of lottery winnings to minors is prohibited.
Tobacco, alcohol and lottery operators shall set up signs in conspicuous positions that they do not sell tobacco, alcohol or lottery tickets to minors; if it is difficult to determine whether they are minors, they shall be required to show their certificates.
No one is allowed to smoke or drink alcohol in schools, kindergartens and other public places where minors are concentrated.
At the same time, the newly revised Minor Protection Law also sets strict penalties on the issue of tobacco control for minors, as stipulated in Articles 123 and 124 respectively.
With the implementation of the law, the whole society attaches more importance to the right to health.
More and more departments have begun to work together to control tobacco, and some industries have implemented a complete ban on smoking, such as airplanes, high-speed rail, and high-speed trains.
It is worth mentioning that, in addition to the adult smoking rate in Beijing and Shanghai, which has reached the goal of "Healthy China 2030", cities such as Guangdong and Shenzhen have also achieved this goal.
At present, places such as Xi'an in Shaanxi, Hangzhou in Zhejiang, Qinhuangdao in Hebei and other places have also implemented tobacco control legislation to completely ban smoking indoors.
Through the implementation of smoke-free laws, advocacy and social co-governance, tobacco control work has achieved obvious results.
According to Chen De, vice president of the Shanghai Tobacco Control Association, in Shanghai, many industry departments incorporate the concepts and requirements of tobacco control when formulating or improving laws, regulations or policies and regulations in related fields.
For example, the "Regulations on the Waterfront Public Spaces of the Huangpu Jiangsu River in Shanghai", which came into effect on January 1, 2022, stipulates that smoking in the waterfront public spaces should be done at designated smoking points.
The "Shanghai Bus and Tram Ride Rules" revised by the Shanghai Municipal Road Transport Bureau will come into effect on December 28, 2021, and the content of "No smoking on buses and trams" will be added "No smoking (including electronic cigarettes)". )”.
"These all show that the concept of a good social atmosphere for tobacco control and the integration of health into Wance has been gradually formed and put into action." Chen De said.
Need to accelerate national-level smoke-free environment legislation
According to Yu Xiuyan, a specially invited researcher at the Health Law Research Center of China University of Political Science and Law, the law is the basic guarantee for tobacco control.
"Many places in my country have formulated regulations on tobacco control, including good smoke-free environmental norms to protect people from second-hand tobacco smoke." Yu Xiuyan also pointed out that the cost of relying on local legislation to control tobacco If it is too high, corresponding laws and regulations should be introduced at the national level.
Yu Xiuyan also emphasized that in recent years, with the reform of the administrative system and the sinking of law enforcement powers, the law enforcement mechanism has also changed, so the law enforcement responsibilities related to tobacco control in many places have also changed.
"This change is both a challenge and an opportunity for tobacco control. While promoting daily implementation, it is necessary to strengthen publicity and education, improve tobacco control awareness, expand the effect of law enforcement, and implement the law." Yu Xiuyan said.