After four years struggle, WHO finally passed the first convention relative to tobacco control which will be helpful to the public health on May 31, 2003. One of the key points of that convention is to appeal every member to prohibit all kinds of direct or indirect cigarettes marketing, advertising, and sponsoring activities. Although Taiwan’s Tobacco Hazards Prevention and Control Act doesn’t adopt the entire way to prohibit the cigarettes advertisements, but viewing from the amendment of Tobacco Hazards Prevention and Control Act passed by the Administrative Yuan in 2002 and the future amendment of the Framework Conventioin on Tobacco Control, we can easily see the influences on the trend to the entire prohibition of the cigarette advertisements. We would like to raise one deliberative issue here, is there any limitation for the national control on the cigarette advertisements? Is it allowable by the constitution on the prohibition act to prohibit with the entire way in the future? This research provides two aspects to review these issues. The first is the evaluation of the prohibition on the cigarette advertisements to the points of the market economy and the human rights protection. The second one is to discuss the constitutionality of the prohibition by referencing the EU experience. Through the essential constitutionality review, this research got the conclusion of the prohibition of indirect cigarettes advertisements will occur the doubt of constitutionality. That is to say, if we pass the amendment of Tobacco Prevail Act to prohibit the direct and indirect cigarette advertisements will possibly against the intention of the protection of human rights in the constitution. Based on this conclusion, it is not necessary to worry about the agreement on the connection of the Framework Convention on Tobacco Control for the lack of the entire prohibition. Because the Framework Convention on Tobacco Control leave the issue of the prohibition of the tobacco products advertisements to be judged by the constitution and constitutional principles of every country.