A Study on Implementation Problems of the New Tobacco Hazards Prevention Act in Taiwan

• Main Author: 吳琪華
• Other Authors: 朱春生
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/63069750568319869132

碩士 === 佛光大學 === 公共事務學系 === 99 === Abstract Smoking has been recognized as one of the world’s most important human health risk factors. According to medical studies, smoking is closely associated with and has a causal relationship with many chronic diseases, such as coronary artery diseases, bronchitis, emphysema, lung cancer, and so on. Therefore, the social problems caused by smoking and their impacts on health must not be underestimated. Since the implementation of the Tobacco Hazards Prevention Act on September 19, 1997, many provisions are now outdated and are difficult to implement. Therefore, the “Amendment to Tobacco Hazards Prevention and Control Act” has emerged under this wave. However, since the implementation of the “Tobacco Hazards Prevention Act” on January 11, 2009, the provisions and penalties have become increasingly harsh, which have not only led to objections from many smokers, but also have triggered frantic community responses and discussion. Therefore, the purpose of this study is to explore the effects and problems that have arisen from the actual results and law enforcement following the implementation of the “Tobacco Hazards Prevention Act.” With the results obtained in this study, a reasonable execution model has been established. In this study, through theories such as policy implementation, policy evaluation, policy networks, and policy control, the basic elements of tobacco prevention and control policies have been probed into. In addition, through the literature review, secondary data research method, comparative study method, and participant observation used in qualitative research, a diagnosis of the problems that have arisen during the “Tobacco Hazards Prevention Act” implementation process has been conducted to serve as a basis for future revision and reference. In this study, the practical operation and plights faced during the implementation of the “Tobacco Hazards Prevention Act” has been studied and analyzed, which has contributed to the discovery of inadequacies and areas requiring revision, including the current tobacco tax that has violated the principle of special imposition, lack of convenience for banning illegal smoking, the law being too lenient, inadequate execution-related manpower and professional knowledge, a lack of autonomy in terms of public participation, etc.; research recommendations have been further proposed in this study, including increased funding for tobacco control operations, strengthened implementation of tobacco inspections, the imposition of penalties on noncompliant accountable persons and pregnant women, the social resources being put to good use, strengthened health education and promotion, and so on. In this regard, suggestions for amendments of the current system have been proposed to ensure the inclusion of the tobacco control polices in the legal system, thereby ensuring the nationals’ basic rights to physical health. Keywords: Tobacco Hazards Prevention Act, health and welfare surcharge for tobacco products, special impositions