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针对吸烟、养狗、燃放烟花爆竹这三类行为进行的相关立法历来因违法者多、执法难、社会争议大,被立法者和法学专家归纳为同一类立法,称之为“烟、狗、炮”立法。由于涉及到对社会上某一类人行为的规范,关乎到众多人的生活习惯,从各省市的地方实践来看,“烟、狗、炮”立法出台后,往往会因违法者众多陷入无法执行的执法困局。笔者认为,仅从增加执法人员、增加执法财政投入等强化执法的角度入手并不能有效破解“烟、狗、炮”的执法困局,破解该困局的关键在于立法层面,要用
The relevant legislation on smoking, raising dogs and releasing fireworks and firecrackers has always been classified into the same type of legislation by legislators and legal experts because of the large number of offenders, law enforcement difficulties and social disputes. It is called “smoke and dog Gun ”legislation. As it involves the regulation of the behavior of a certain class of people in the society and the living habits of many people, according to the local practices of provinces and cities, after the promulgation of the “smoke, dog and gun” legislation, many offenders are often violated Into the enforceable law enforcement difficulties. The author believes that just from the perspectives of increasing law enforcement personnel and increasing the amount of law enforcement and financial investment, we can not effectively crack down on the law enforcement dilemma of “tobacco, dog and gun”. The key to solving this dilemma lies in the legislative level.