Smoking Bans in Public Places Are the General Trend

Starting June 1 this year, Beijing will implement the "strictest" smoking control regulations in history. In addition to banning smoking in all public places, indoor areas of workplaces, and public transportation, some outdoor areas are also included in the smoking ban. Smokers who violate the ban may face fines of up to 200 yuan. (CCTV, March 11)

Does smoking control infringe on the rights of smokers? With a large number of smokers, enforcement is challenging. Who will manage it, and how? The issuance of the "strictest" smoking control regulations will inevitably face a series of questions and issues. However, in the face of the severe problem that China may become the country with the highest lung cancer rate in 11 years, we cannot be daunted, nor can we make concessions on the "rights of smokers."

The so-called "rights of smokers" is, in my opinion, a false proposition in the face of the rights of secondhand smoke victims, because the rights of smokers in public places are built on the harm to others' rights, making it difficult to call it a "right." Smoking in a private space with the door closed is reasonable; however, when the smoke from a smoker is inhaled passively by others, the "rights" become unreasonable or nonexistent. Therefore, a blanket smoking ban in public places does not infringe on the rights of smokers.

Research shows that secondhand smokers inhale more harmful substances like nicotine than firsthand smokers. In this case, the legitimacy of the so-called "rights of smokers" is even less tenable. Nicotine addiction is indeed a difficult thing to overcome, and smoking bans can cause great pain to many addicted smokers, but even so, this pain cannot be borne by the public; in the face of health and even life interests, the "rights of smoking," which have no positive value, are even less than "insignificant."

Whether a blanket smoking ban in public places can form a consensus should not be the decisive consideration for the decision-making and legislation of smoking bans. Many issues involving rights are not suitable for the principle of "the majority rules the minority." The demands of the majority cannot bind the legitimate rights of the minority. Moreover, smokers may not necessarily constitute the majority in public. Therefore, regarding the issue of smoking bans in public places, the emphasis should be on reasonable and civilized principles, highlighting public interests, rather than another extreme of "consensus."

Enforcement difficulties are indeed a reality. However, social progress is not something that comes passively; it is the result of joint efforts by the government and the public. Enforcement of smoking bans in public places should only be a technical issue and should not be hindered by difficulties. In Hong Kong, outdoor smoking must be done in designated smoking areas, so the enforcement is effective, mainly because penalties are strict, leading to the saying in Hong Kong's social governance experience that "civilization is enforced through penalties." If we can treat the management of public smoking bans as an opportunity to enhance social governance, it may be a highly effective way to promote the construction of social spiritual civilization.