Ⅳ．Conclusion

The design idea of the legislation represented by “code and penalty”has an immediate goal of forbidding the offenders, and such design idea is called the illegal act punishment doctrine, which is widely adopted China's legislation practices．In China's environmental laws, there already emerges an institutional design that does not directly prohibit the administrative counterparts from violating the laws．Such a design is called the total behavior control doctrine．However, only some systems in Chinese environmental laws conform to the total behavior control doctrine, other environmental laws does not follow suit．The reason why the total behavior control system has not been generally adopted in these laws and regulations and it stands marginally at the legal system is their adherence to the illegal act punishment doctrine．Although the total behavior control doctrine has become the definite legislative idea, it is operated for the goal of regulation set by the environmental laws with illegal act punishment doctrine．The total behavior control system claimed to be established by relevant laws lacks the support of operating procedures and is not ready to hold relevant governmental authority accountable for it, because China's environmental laws have not adopted the design idea of total behavior control doctrine yet．At least, this design idea has not been carried out through the whole legal system．The current environmental laws cannot ensure that the indicators of total behavior control conform to environmental quality standards expected by the people, demonstrating that the legislative task of environmental protection has not been truly placed in the environmental protection system directed by the total behavior control doctrine．Although the current environmental laws do not achieve the efficacy of environmental protection that can satisfy the society．The total behavior control system that exists in the environmental laws may be liable to certain extent, but such failure does not equal to the failure of the design idea of the total behavior control doctrine．China's environmental law legislation needs to give the total behavior control doctrine an opportunity to show its muscles．If the total behavior control doctrine is allowed to dominate, those new environmental laws will definitely have better environmental protection efficacy than the current environmental laws.

—Translated by LIAO Chunxia from
Legal Science (《法学》), Vol.12, 2015