In China, high-speed trains have been fully smoke-free, but many regular trains do not prohibit smoking. So how can we promote a nationwide ban on smoking on trains?
Preserve Evidence
The most important point is to solidify evidence. Evidence is the basis for subsequent complaints, requests for rule amendments, and legal action for accountability.
Keep train tickets, film real-life smoking on trains and footage of staff inaction, and retain medical records.
File Administrative Complaints and Reports
Many people try this method, but it is actually ineffective: requesting a nationwide ban on smoking on all trains through the 12306 app or by calling 12306.
Other options to consider:
- 12320 (Health and Family Planning Hotline): Report trains as enclosed public places violating smoking control/health regulations.
- 12315 (Consumer Complaint Hotline) or 12345 (Government Service Hotline): Report railway bureaus for failing to provide a safe consumption environment.
Report to the National Railway Administration: As the industry regulator, the National Railway Administration has supervisory responsibilities for railway safety and health. You can request the disclosure of supervisory documents concerning smoking control on regular trains through a government information disclosure application, or directly send a letter requesting them to fulfill their supervisory duties.
Request Amendments to Relevant Regulations
To achieve a comprehensive ban on smoking on all trains in China (including high-speed trains and regular trains), it is necessary to amend or improve laws and regulations related to railway safety, public health, consumer rights, and fire safety.
By amending the aforementioned administrative regulations and departmental rules from top to bottom (especially the “Regulations on the Administration of Railway Safety”), a legal basis for a comprehensive ban on smoking on all trains nationwide can be established most quickly and effectively.
Here is a table of relevant laws, regulations, and rules that can be amended to achieve a smoke-free environment on all railway lines:
| Regulation Name | Nature of Regulation | Issuing/Formulating Unit | Direction of Amendment or Relevance to a Nationwide Ban on Smoking on Trains |
|---|---|---|---|
| Regulations on the Administration of Railway Safety | Administrative Regulation | State Council | The most direct target for amendment. Currently, Article 77 of these regulations only stipulates “No smoking is allowed on EMU trains or in non-smoking areas on other trains.” Simply amending the clause to “No smoking is allowed on all passenger trains” can achieve a comprehensive ban on smoking on regular trains from a safety management perspective. |
| Implementation Measures of the Regulations on the Administration of Public Places | Departmental Rule | Former Ministry of Health (now National Health Commission) | Article 18 of these measures stipulates “Smoking is prohibited in indoor public places.” This can be further amended to explicitly define “all public transportation interiors (including regular train carriages and connecting areas)” as indoor public places, eliminating ambiguity in enforcement. |
| Regulations on the Administration of Public Places | Administrative Regulation | State Council | As the superior law for public place hygiene, this regulation can directly add a mandatory clause for “comprehensive smoking ban within public transportation (including all rail transit trains).” |
| Railway Passenger Transport Regulations | Departmental Rule | Ministry of Transport | The core regulation governing passenger transport. Clauses on passenger conduct can be added, clearly stipulating that “passengers are not allowed to smoke in any section of their journey or any part of the train. The train has the right to refuse transport to offenders.” |
| Railway Law of the People’s Republic of China | Law | Standing Committee of the NPC | As the fundamental law in the railway sector, revisions can be made to add guiding clauses on nationwide smoking bans, safeguarding public health and fire safety in relevant chapters on “railway safety and protection.” |
| Law of the People’s Republic of China on Basic Medical and Health Care and Health Promotion | Law | Standing Committee of the NPC | The current law has already proposed “smoking control in public places.” More stringent measures can be added, directly granting “smoke-free environment” legal mandatory status to all enclosed public transportation, including regular trains. |
| Fire Safety Law of the People’s Republic of China | Law | Standing Committee of the NPC | Trains are mobile public places with high passenger density. From a fire hazard perspective, revisions can be made to list all passenger trains (including connecting areas) as legally “places with fire hazards,” thereby completely prohibiting open flames and smoking. |
| Law of the People’s Republic of China on the Protection of Minors | Law | Standing Committee of the NPC | Article 59 already stipulates “Smoking is prohibited in schools, kindergartens, and other public places where minors are concentrated.” As a means of transport necessarily used by minors, trains can be brought under mandatory protection through judicial interpretation or amendment, prohibiting the establishment of smoking areas. |
| Law of the People’s Republic of China on Public Security Administration Punishments | Law | Standing Committee of the NPC | Although not directly stipulating smoking bans, in conjunction with amendments to the “Regulations on the Administration of Railway Safety,” behaviors such as “smoking on regular trains and refusing to desist, disturbing the order of public transportation, or endangering public safety” can be clearly included in penalty clauses. |
Then find the websites, phone numbers, and mailing addresses of relevant departments to submit suggestions or complaints.
National People’s Congress of China
Suggestion Review and Acceptance Platform http://www.npc.gov.cn/fgba , where you can submit review suggestions to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.
Online Letters of Complaint http://www.npc.gov.cn/wsxf/
State Council of China
Public Message Entry http://liuyan.www.gov.cn/hudong/atwls/rmqz.htm , pay attention to selecting State Council departments rather than local ones National Railway Administration
Internet+ Supervision https://tousu.www.gov.cn/dc/index.htm , where you can report inaction by relevant departments.
National Bureau for Handling Petitions and Letters
https://www.gjxfj.gov.cn/ , submit suggestions or complaints through the Online Petition and Letter Handling Hall.
Submit Suggestions or Complaints through United Front Objects
The special status of United Front objects determines their greater influence. Relevant departments tend to be more cautious and attentive when facing supervision from this group, and are more motivated to resolve issues.
Having non-Chinese nationals, overseas Chinese (Chinese nationals residing overseas without household registration), compatriots from Hong Kong, Macau, and Taiwan, and ethnic minorities submit suggestions and complaints often leads to higher efficiency and better results.
You can ask them to submit relevant suggestions through the aforementioned methods, as well as through the channels of the Foreign Affairs Office, Overseas Chinese Affairs Office, Taiwan Affairs Office, and Ethnic and Religious Affairs Commission.
This webpage has versions in multiple languages, which can be directly sent to them and they can be requested to assist.
Submit Proposals through Representatives
Inquire about the contact information of National People’s Congress deputies or members of the Chinese People’s Political Consultative Conference, and provide them with proposal materials and research data on smoking bans on regular trains, leveraging their influence to form formal proposals.
You can visit the official websites of local people’s congresses to find information on deputies and the distribution of “NPC Deputy Liaison Offices and Stations.”
Sue Inactive Relevant Departments
There have been cases of suing local railway bureaus, but the final effect is limited. If a nationwide ban on smoking on trains is to be implemented, consideration can be given to suing central departments that formulate relevant regulations.