Abstract
Public Interest Litigation (PIL) on tobacco control is relatively a new phenomenon in China. The rapid development of PIL in this area is the result of the close cooperation between Chinese pro bono lawyers and tobacco control NGOs. PIL on tobacco control in China is very different from that in the U.S. in terms of types of cases due to different legal systems and legal environments. Few lawsuit cases on tobacco control can be regarded as ‘successful’ in China. Nevertheless, the defeat in most PIL cases on tobacco control does not mean a total failure for law advocacy on tobacco control. PIL has the great potential to continue to play a significant role in tobacco control advocacy in future, although there are some restraints and uncertainties that may bring negative impact on PIL on tobacco control.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
China News Service, “The first case of minors taking legal action to STMA in violation of the right to know was finalized. Sept. 8, 2001 Beijing. http://news.sina.com.cn/s/2001-09-08/351261.html.
- 2.
China Court, A law teacher sued the cigarette factory for a fee of washing teeth and lost the lawsuit, July, 7, 2007. http://news.sina.com.cn/s/l/2007-07-12/140713432200.shtml.
- 3.
Henan, Business Daily, A female teacher was unbearable SHS exposure, and sued the colleagues and the cigarette factory. Dec. 3, 2009. http://news.sina.com.cn/s/2009-12-03/110019181769.shtml.
- 4.
Dong Z, An engineer cannot bear roommate’ SHS exposure, frequently complained, but was fired. Oct. 21, 2010, http://news.ifeng.com/society/2/detail_2010_10/21/2848021_0.shtml.
- 5.
Xu LG, clouds of cigarette smoke swirled in Beijing Internet Bar, weak enforcement of Government agency is the biggest obstacle of smoke-free. Jan. 5, 2011. http://news.ifeng.com/gundong/detail_2011_01/05/3994723_0.shtml.
- 6.
Administrative Award of People’s Court in Haidian district, Beijing (2010) Hai-Hang-Chu-Zi No. 00308.
- 7.
The civil judgment of First middle People’s Curt (2014), Yi-Zhong-Min-Zhong-Zi No. 125.
- 8.
The civil judgment of People’ Court in Yan Ta district, Xi’an (2014), Yan-Min-Chu-Zi No. 06213.
- 9.
Wang GP, The first case on consumer sued the tobacco enterprises’ cheat and get compensation of 10,000 RBM. July, 15, 2015. http://www.chinacourt.org/article/detail/2015/07/id/1668380.shtml.
- 10.
Zhang Y, A lawyer sue the Zhonghuacigarettes, claimed ornamental columns (Hua Biao) on the cigarette package is harm socialist morality, Feb. 18, 2017. http://news.timedg.com/2011-11/26/7427160.shtml, 2017年2月18日.
- 11.
The administrative Arbitral Award of Beijing Superior People’s Court (2012), Gao-Hang-Zhong-Zi No. 310.
- 12.
The administrative written judgment of Beijing First Middle People’s Court (2014), Yi-Z Hong-Hang-Chu-Zi No. 6099.
- 13.
The administrative written judgment of Beijing First Middle People’s Court (2015), Yi-Z Hong-Hang-Chu-Zi No. 1565.
- 14.
Murli S. Deora v. Union of India and Others, WP 316/1999 (2001.11.02) (Public smoking case).
- 15.
See Huang Jinrong, Hatla Thelle, and Wang Fang, China under Transition to Rule of Law: the Role of Legal Aid and Advocacy organizations, in A Human Right to Legal Aid, Handy-Print A/S, skive, Denmark 2011, p. 93.
- 16.
The administrative written judgment of Beijing First Middle People’s Court (2014), Yi-Z Hong-Hang-Chu-Zi No. 6099.
- 17.
Li N Yang X, Director General of STMA say: It should avoid the tendency of change one—sidedly, an absolute and enlargement for tobacco control. Feb 27, 2017. http://money.163.com/14/1203/16/ACI73U1100253B0H.html.
Author information
Authors and Affiliations
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2018 Springer Nature Singapore Pte Ltd.
About this chapter
Cite this chapter
Huang, J. (2018). Public Interest Litigation and Tobacco Control in China. In: Yang, G. (eds) Tobacco Control in China. Springer, Singapore. https://doi.org/10.1007/978-981-10-8315-0_6
Download citation
DOI: https://doi.org/10.1007/978-981-10-8315-0_6
Published:
Publisher Name: Springer, Singapore
Print ISBN: 978-981-10-8314-3
Online ISBN: 978-981-10-8315-0
eBook Packages: MedicineMedicine (R0)