Regulations for Railway Passenger Traffic’s adding provisions on smoking control | four suggestions have been issued from the Policy and Law Department of CBCGDF
2021/11/18 16:17:00 本站

Previously on a related public interest litigation case made by CBCGDF

On January 1st,2021, to promote the construction of “non-smoking train and non-smoking Olympic Games”, having exerted extensive field investigation, CBCGDF sued China Railway Beijing Group Co.,Ltd, China Railway Lanzhou Group Co.,Ltd, and China Railway, the administrative departments of K41 Train and K42 Train——travelling across venues of Beijing Winter Olympics and offering smoking areas and smoking devices——for polluting air inside the compartment and physically harming passengers, especially pregnant women, kids, and the old. This case has been put on record by Beijing No. 4 Intermediate People's Court, and proves to be the first public interest litigation since Civil Code of the People's Republic of China took effect.

Ministry of Transport has released Regulations for Railway Passenger Traffic (exposure draft) and welcome the public to express their own opinions. Having learned the Public Interest Litigation Case on Train Smoking Control and this exposure draft, the Policy and Law Department of CBCGDF systematically voices four suggestions:


The first article should add Detailed Rules for the Implementation of the Regulations on the Administration of Public Health (Detailed Rules for short) as its legal basis, to further specify the provision that “The competent health authorities under the railway department shall be responsible for the sanitary supervision and administration of the stations, waiting rooms, railway passenger cars and public places serving mainly the staff of the system within the jurisdiction.” In “Detailed Rules”. What’s more, smoking is prohibitive indoor public places “in Detailed Rules” is this exposure draft’s direct legal basis.

It is suggested that “favorable trip environment” in 5 Article should be changed to “favorable riding environment”. To be more specific, companies working on railway transportation should render standard management in many aspects, such as indoor air quality, ventilation facilities, drinkable water, lighting and illumination, noise, and so on, in order to provide passengers with a satisfactory environment.

Adding “9 Article” in the second chapter that companies working on railway transportation should take measures to persuade passengers not to smoke.

Adding “2 Paragraph” to “18 Article” that companies working on railway transportation should post warnings and symbols on smoking in the most eye-catching positions, and that trains should not set up smoking areas and smoking devices.


Original Chinese article:

Translator/ Kim