The environmental protection law also applies to indoor environment, smoking rooms infringe on the right to public health | CBCGDF smoking control action
2021/7/26 16:22:00 本站

Recently, the country's first environmental public interest lawsuit against smoking in indoor public places won. The shopping mall involved in the case was sentenced to compensate 1.4 million yuan for environmental restoration fees and service function loss fees for setting up a smoking room indoors.


The civil public interest litigation case of indoor smoking control environmental pollution liability dispute is against the three defendants of Yongwang menglecheng (Sanhe) Business Management Co., Ltd., Yongwang (China) Investment Co., Ltd. and Yongwang menglecheng (China) Business Management Co., Ltd. by CBCGDF


The court held that indoor public places are relatively closed, and air conditioning is often carried out through ventilation, air conditioning and other equipment. The indoor air elements belong to the natural factors after artificial transformation. Meanwhile, the air quality is not affected by simple individuals, but by unspecified majority people. Therefore, the indoor air in public places conforms to the concept of environment stipulated in the above laws.

"The judgment confirmed that the indoor air environment in public places belongs to 'natural factors after artificial transformation' and is one of the objects regulated by the environmental protection law, which is a great breakthrough in the legal level of this case." Ma Yong, Deputy Secretary General of CBCGDF, told the Beijing news. In addition, air pollution caused by smoking leads to human health damage, which has become the regulatory content of environmental infringement, breaking through the previous cognition that "air pollution often comes from industrial emissions".


By winning the case, the Policy and Law Department of CBCGDF said that we hope to further achieve a comprehensive ban on smoking in indoor public places in China. 


"This is the requirement of the World Health Organization Framework Convention on smoking control, which means that smoking in public places is neither allowed, nor any form of smoking room or smoking area can be set up in public places."


Translator/Holly

original text: https://mp.weixin.qq.com/s/JlbGZPJ79ZXXrJJ0pZ0Xog 


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