Guangzhou Daily: "A regular hard line"

Why become a common problem 

  

 

Guangzhou Daily 

  

  

  


    The law is not a trifling matter, the controversy and questions of law should lead to legislation before, and should not be discussed after the promulgation of the problem difficult to implement. Released after the law must be strictly enforced as long as there is no room for bargaining, and should not become a dead letter. 

    According to the World Health Organization, "Framework Convention on Tobacco Control," performance requirements, starting from January 2011, China will in all indoor public places, indoor workplaces, public transport and other outdoor workplaces completely ban smoking. This is the Ministry of Health revealed the news last year. However, experts said that at present there is no one in China specifically for the legal ban on smoking in public places, smoking bans have led to hard-line regulations.

    "A regular hard line", then heard too much, too many people do not think that what the big deal. The smoking ban, for example, as early as 2005, the Wuhan City had issued "no-smoking regulations in public places," clearly provides for eight categories of smoking in public places, do not perform the required units, 500 yuan more than 1,000 may be imposed yuan fine. In 5 years without issuing a ticket. In fact, far more than Wuhan, Beijing, Shanghai, Guangzhou, Hangzhou and other 150 cities and regions have enacted smoking ban in public places, but for various reasons have become a dead letter.

     Why is difficult to implement the smoking ban? Shortage of law enforcement agencies that simply difficult to monitor. Even if violations are found smoking, because no clear enforcement powers, it is difficult to implement sanctions. The reason is actually quite absurd, since it is the law enforcement agencies will not have law enforcement power, how? As for the shortage, the total not more than 10 years have found that smokers can not be a violation, right? Experts routinely moving truths that because of no special smoking ban was a result of the smoking ban into an empty text. The same can not withstand scrutiny, the smoking ban is the local laws and regulations, that is, or approved by the local legislature, in legal effect within the region where the normative legal documents. As local laws are not specific to the implementation of smoking, what grounds to believe that, as long as no-smoking country specific legislation, you can let the ban be enforced? Information state smoking ban will finally be performed by the local.

   In the final analysis, is the weak enforcement of the law to fight the ban "IOUs." Implementation of the smoking, we are missing is not law, but the execution of the law. The other hand, a number of other countries and regions smoking ban, the law must be strictly enforced, so many smokers complain loudly, some even pay jail. In China's Hong Kong, whether in Hong Kong, the Mainland or overseas visitors, where the contravention smokers, the highest to be imposed a fine of 5,000 Hong Kong dollars. In Singapore, as in the smoking ban smoking in public places, will be sentenced to the maximum 1,000 Singapore dollars (equivalent to 5000 RMB) fine may also be sentenced to imprisonment for 6 months, or even both. The former German Chancellor Helmut Schmidt, for smoking in public places even attracted a legal case. Irony is that with the national peak travel abroad, the Foreign Ministry had specifically reminded the Chinese citizens in good faith, to comply strictly with the relevant smoking ban travel the country to avoid losses. China also has a number of cities enacted smoking bans, why not see a sector that deliberately to remind it?

   In fact, "there are rules to hard-line" is not limited to the smoking ban, mobile phone real name system since September 1 last year, formally implemented, but now no requirement to purchase real-name cell phone operation; many cities have adopted a dog management regulations, but "black households dog "is still popular; for the property market, the introduction of control measures one after another, but how high prices have to be how high ... ... from a certain sense," there are rules to hard-line "has become a common problem of the times, orders and prohibitions not uncommon. Numbness in the back of this collective, the majesty of the law greatly reduced, the Government's credibility is severely damaged.

    Very often, we only to laws and legislation, legislation before the law without regard to operability, but also have failed to win the red in the face of its legal experts. Promulgated until after the operation can be found or is not strong, or the execution is not enough, so the controversy, the voices of doubt the public. The law should not be regarded as a trifling matter, the controversy and questions of law should lead to legislation before, and should not be promulgated and implemented, before we discuss the problem difficult to implement. Since the tobacco fiscal very important, do not want to get hold of the smoking ban smoking why it? Any of a legal, as long as the announcement to be strictly enforced, there is no room for bargaining, and should not become a dead letter, this is the legal community itself. (Reporter: Li Long)