国际比较视野下的中国烟草诉讼研究

Research on China’s Tobacco Litigation under International Comparative View

随着对烟草危害性认识的深入以及各国政府对国民健康的关注,烟草控制已经成为一个世界性的话题,通过法律途径来控制烟草,日渐成为当前各国的普遍做法,通过烟草诉讼来对烟草的受害人进行权利救济,保障公众健康权,被认为是"潜在的控制烟草销售和使用的最有效手段之一"。美国、澳大利亚等国家的实践证明了烟草诉讼对控烟的有效性,以及在引发人们对烟草危害的认识,推动卫生政策执行和完善上的积极作用。但烟草诉讼在中国还非常鲜见,目前烟草诉讼无论在理论还是实践上都未引起人们的足够重视,其推进受到诉讼制度内外的双重制约。通过对烟草诉讼理论和实践的国际比较研究,对我国烟草诉讼的可行路径进行了探索。

As the awareness on the harm of the tobacco gets deeper and the governments of many countries draw more attention on their citizen’s health,tobacco control has become a global topic.To control tobacco through legal approaches has gradually become a common practice by every country.Tobacco lawsuits,by providing right relief to injured smokers and thus ensuring public health rights,are deemed as one of the most effective measures to control sales and usage of tobacco in a potential manner.The practice in countries,such as USA and Australia,has well proved tobacco lawsuits have played an active role in promoting tobacco control,initiating people’s awareness on tobacco’s hazards and pushing forward the implementation and improvement of health policy.However,it is very rare in China to promote tobacco control through litigation.Presently,tobacco lawsuits have not drawn sufficient attention neither in theory nor in practice and are hard to make progress because of limitation within and out of judicial system.The author attempts to probe into feasible approaches in China’s tobacco lawsuits through investigations in theories and practice of tobacco lawsuits.