我国未成年人烟害防制立法研究

Study on Legislation of Tobacco Hazard Prevention for Minors in China

健康权是人人应当享有的一项基本人权。未成年人健康权优先于吸烟自由,因此国家有义务以立法形式加强未成年人的烟害防制。我国关于向未成年人销售烟草的禁限规范位阶较低、缺失较多,应借鉴《烟草控制框架公约》及其他国家、地区的立法经验予以改革。除学校等公共场所外,我国立法应当将未成年人的家庭纳入禁烟场所,明确禁止未成年人吸烟,并对其未尽教育、制止义务的父母予以劝诫或行政处罚。

As one of the basic human rights, the right of health applies to everyone. Because the right of health for minors overweighs the freedom of smoking, governments have the obligation to strengthen the minor＇ s tobacco hazard prevention by legislation. The restrictions on the sale of tobacco to minors in China are relatively low, so ref- erence might be taken from other nations or regions as far as the reform on legislations is concerned. In addition to schools and other public laces, homes of minor＇ s family should also be included into non - smoking areas. Parents should take the responsibility to refrain their children from obtaining the habit of smoking, and if failed, should be admonished or punished.