Joke Collection Website - News headlines - What should I do if I illegally sell cigarettes to students in the supermarket on campus? The school stipulates that universities can't smoke.
What should I do if I illegally sell cigarettes to students in the supermarket on campus? The school stipulates that universities can't smoke.
According to the second paragraph of Article 5 of the Law of the People's Republic of China on Tobacco Monopoly (Law) and Article 59 of the Law of the People's Republic of China on the Protection of Minors (Law), it is forbidden for primary and secondary school students to smoke, and cigarette dealers to sell cigarettes to minors. At the same time, Article 17 of the Civil Code specifically defines the ages of adults and minors, and natural persons over the age of 18 are adults. A natural person under the age of 18 is a minor. That is to say, a natural person over the age of 18 is a person with full capacity for civil conduct and can independently carry out civil activities. Therefore, supermarket operators who sell cigarettes to college students over the age of 18 cannot be regarded as illegal factors and should not be restricted by law. (Note: The "one-year-old" age is calculated based on the year, month and day of the Gregorian calendar when a natural person was born, starting from the second day of his one-year-old birthday. )
In view of the fact that college students with full capacity for civil conduct smoke in public places in the campus area, it has violated the first paragraph of Article 18 of the Detailed Rules for the Implementation of the Regulations on Hygiene Management in Public Places (Regulations), and the health and family planning administrative department of the people's government at or above the county level shall punish them in accordance with the relevant health laws and administrative regulations.
The contents of the reference materials are as follows:
Tobacco Monopoly Law of the People's Republic of China (Law)
Paragraph 2 of Article 5 The state and society strengthen publicity and education on the health hazards of smoking, prohibit or restrict smoking in public transport and public places, discourage teenagers from smoking, and prohibit primary and secondary school students from smoking.
Law of the People's Republic of China on the Protection of Minors (Law)
Article 2 Minors mentioned in this Law refer to citizens under the age of 18.
Article 59 No sales outlets for cigarettes, alcohol and lottery tickets shall be set up around schools and kindergartens. It is forbidden to sell cigarettes, alcohol, lottery tickets or pay lottery prizes to minors. Operators of cigarettes, alcohol and lottery tickets shall set up signs in a prominent position not to sell cigarettes, alcohol or lottery tickets to minors; If it is difficult to determine whether they are minors, they shall be required to show their identity documents.
No one is allowed to smoke or drink alcohol in schools, kindergartens or other public places where minors are concentrated.
Civil Code of the People's Republic of China (Law)
Article 17 A natural person over the age of 18 is an adult. Natural persons under the age of eighteen are minors.
article 18 adults with full capacity for civil conduct can independently carry out civil juristic acts.
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Juvenile Criminal Cases (Fa Shi [26] No.1)
Article 2 The term "one year old" as stipulated in Article 17 of the Criminal Law shall be calculated according to the year, month and day of the Gregorian calendar, starting from the second day of one year old birthday.
Detailed Rules for the Implementation of Regulations on Hygiene Management in Public Places (Order No.8 of the Ministry of Health)
Article 18 Smoking is prohibited in indoor public places. Operators of public places should set up eye-catching warning signs and signs against smoking.
Smoking areas set up in outdoor public places shall not be located in the passages that pedestrians must pass through.
cigarette vending machines are not allowed in public places.
Operators of public places should publicize the health hazards of smoking and equip full-time (part-time) staff to discourage smokers.
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