The Mode Analysis of Law on the Prevention and Control of Atmospheric Pollution: From the Illegal Punishment to Environmental Quality Objective

The effectiveness of law depends on whether the law setting fits in its own lawful objectives. From its birth to several revisions, the objective of the Law on the Prevention and Control of Atmospheric Pollution in P. R. China (abbreviated as the Atmospheric Law in this paper later on) has always been fine atmospheric environment quality. On the law mode setting, the Atmospheric Law still inherited the traditional mode of "illegal punishment". However, in the relationship of the Atmospheric Law, it is easy for the government and people to use "punish illegal" to trade with "illegal behavior". Moreover, the result of high quality of atmospheric environment cannot be achieved even if all individuals abide the law. Hence, the mode of "illegal punishment" is not suitable for the Atmospheric Law, and should be replaced with the more suitable environmental quality objective mode. With the environmental quality objective mode, local government is endowed with specific atmospheric environmental goals, which let the local government to set the rules of individual behavior and implement the specific regulations. By environmental quality objective mode the space of "deal" between obligor and law enforcers is eliminated, it is more effective and scientific in the regulation of individual behavior, and there has been a prototype in the setup of existing environmental laws. Therefore, the environmental quality objective mode should be implemented from the varied aspects of law concept, law settings and the governmental responsibility, etc in the Atmospheric Law.