Traditional Culture Encyclopedia - Hotel accommodation - Is it really necessary to pay a fine for smoking in hotels?

Is it really necessary to pay a fine for smoking in hotels?

Legal analysis: hotels have no right to fine, and they can sue for infringement of their rights and interests. However, those who smoke in places (regions) where smoking is prohibited shall be ordered by the administrative law enforcement personnel of the corresponding competent department to make immediate corrections. If smoking is not completely banned or smoking spots are not set up in accordance with the regulations, the corresponding competent department shall order it to make corrections within a time limit.

Legal basis: Regulations on the Control of Smoking in Public Places.

Thirty-seventh individuals who smoke in places (regions) where smoking is prohibited in violation of the provisions of these regulations shall be ordered by the administrative law enforcement personnel of the corresponding competent departments to make immediate corrections and may be fined from fifty yuan to five hundred yuan.

Thirty-eighth units or institutions in violation of the provisions of this Ordinance, not to implement a comprehensive ban on smoking or not to set up smoking spots in accordance with the provisions, the relevant competent departments shall order them to make corrections within a time limit, and may impose a fine of more than 1000 yuan 10000 yuan; Refuses to correct, punishable by a fine of ten thousand yuan and thirty thousand yuan.

Thirty-ninth outdoor smoking spots do not meet the requirements, the relevant competent departments shall order the operators and managers of the places to make corrections within a time limit, and may impose a fine of more than 1000 yuan 10000 yuan; Refuses to correct, punishable by a fine of ten thousand yuan and thirty thousand yuan.

Fortieth operators and managers of smoking-forbidden places (regions) who fail to perform their duties of smoking control according to regulations shall be ordered by the relevant competent departments to make corrections within a time limit and be fined between 5,000 yuan and 30,000 yuan; If the circumstances are serious, it shall be ordered to stop production or business until the license or business license is revoked.

Forty-first in violation of the provisions of the release and disguised release of tobacco advertising or promotional activities, the administrative department for Industry and commerce shall be punished according to law. Where sponsorship is provided, the administrative department for industry and commerce at or above the county level shall order it to make corrections, give a warning and impose a fine of more than one time and less than three times the amount of sponsorship; For the sponsor, it shall be ordered to make corrections, its sponsorship amount shall be confiscated, its title shall be revoked, and the influence shall be eliminated; The responsible person shall be given a warning or informed criticism by the organizer or the competent department of the organizer. In violation of the provisions of this Ordinance, the media that broadcast smoking scenes or tobacco products in movies, TV dramas and other programs shall be ordered by the competent department of radio and television press and publication to make corrections within a time limit, give a warning and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification.

According to Article 64 of the Civil Procedure Law of People's Republic of China (PRC), the parties have the responsibility to provide evidence for their claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.