Lawyer Wang Huaiyu: Suggests the NPC Quickly Draft the “Air Law of the People’s Republic of China”

This article is based on the fact that catching fish and shrimp can be defined as illegal fishing, digging pits and wells can be defined as illegal mining, and except for air, almost all natural resources have been incorporated into criminal protection. Bird egg poaching can result in up to ten years imprisonment, selling parrots can start at three years, and Lawyer Wang believes that since water is protected, air should also be protected. Accordingly, it is suggested to draft an "Air Law" based on the "Water Law of the People's Republic of China" for the National People's Congress to consider.

It is recommended that the NPC promptly formulate the "Air Law of the People's Republic of China" to safeguard the integrity of the nation's natural resources.

As China's natural resource protection legal system gradually improves, resources such as water, land, and minerals have been clearly included in the scope of legal protection, strictly regulating their development, utilization, and protection. However, air, as a fundamental natural resource, especially its importance in maintaining ecological balance and ensuring human survival, has never received the legal protection it deserves. Lawyer Wang therefore argues that air should be protected by national law and recommends the swift enactment of the "Air Law of the People's Republic of China" to complete the national natural resource protection legal framework.

1. Current status of the natural resource protection system and the particularity of air resources

From the "Water Law of the People's Republic of China" to the "Forest Law of the People's Republic of China," China's natural resource protection legal system now covers almost all key natural resources, with specific provisions on their development, utilization, protection, and punitive measures. For example, the Water Law imposes strict limits on the reasonable use of water resources and on polluting behaviors; the Wildlife Protection Law provides tight protection for birds and other wildlife, even establishing criminal liability. In contrast, air, as a core resource affecting human survival and development, has never been incorporated into a corresponding legal protection system.

It is noteworthy that uncontrolled development and utilization of water, land, forests, minerals, and other resources often leads to waste, ecological damage, and even irreversible environmental loss. Illegal fishing, illegal mining, and similar activities are regularly prosecuted, as they threaten the sustainable use of natural resources and severely endanger ecological health. Similarly, air, the basic resource on which we depend, should enjoy full legal protection to prevent excessive loss or malicious pollution.

1. Air flow and potential risks of state asset loss

Air flow is a natural phenomenon, but its mobility means that air resources are not confined within a country's borders. In a globalized context, air pollution and greenhouse gas emissions have transnational impacts. The exhaust gases and pollutants generated by China's massive energy consumption and industrial production can drift to other nations, and the economic loss and environmental damage represented by these emissions may directly affect the health of China's natural resources and the construction of national ecological civilization.

From the perspective of state assets, air pollution and loss directly relate to the intangible assets of the nation's ecological resources. Without effective legislative protection, the resources contained in air could become a "flow" in external markets, and unregulated polluted air would pose threats to both domestic and foreign ecological environments, thereby affecting China's natural resource security and ecological asset accumulation.

1. Lessons and feasibility from other natural resource protection laws

The scope of natural resource protection laws is gradually expanding, and some provisions have already achieved significant results in protecting species, environments, and resources. For instance, the Wildlife Protection Law explicitly states that illegal capture of birds will face criminal liability, severely punishing damage to avian resources. Protection of water resources is also becoming stricter; illegal groundwater extraction and water source pollution can be prosecuted under the law.

These examples provide important references for drafting an "Air Law." Air is not only a public environmental issue but also a critical area concerning resource protection and economic security. By establishing a dedicated law, we can protect and manage air resources from the source, curb excessive pollutant emissions, and slow the rate of resource loss.

1. Legislative suggestions for the Air Law

2. Strengthen air quality control and resource protection: formulate basic principles for protecting air resources, clarify that air is a non‑renewable, limited natural resource that must be protected by law, prohibit illegal discharge of pollutants, and ensure continuous improvement of air quality.

3. Establish dedicated management and supervision mechanisms: define national and local responsibilities, set up specialized agencies to monitor and manage air quality in real time, and enforce strict emission standards.

4. Strengthen legal liability: impose strict administrative penalties, civil compensation, and criminal responsibility on enterprises and individuals that pollute air, especially for illegal discharge of toxic and harmful gases, which should be treated as criminal offenses.

5. Enhance cross‑border cooperation and international responsibility: given the special nature of air flow, the state should strengthen cooperation with neighboring countries and international organizations to jointly address transnational air pollution and protect the global ecological environment.

Lawyer Wang believes that air, as the most fundamental and important natural resource, cannot be ignored in terms of legal protection. Promptly enacting the "Air Law of the People's Republic of China" is not only a necessary measure to protect national natural resources and prevent pollutant loss, but also a fundamental guarantee for advancing ecological civilization and safeguarding public health. He hopes the NPC will give this issue due attention and provide stronger legal support for the country's sustainable development and ecological security.

Draft of the "Air Law of the People's Republic of China" – Lawyer Wang Version (Partial)

Chapter Two: Air Resource Management

Article 4 (Ownership and Utilization Management of Air Resources)

All air resources within the territory of the People's Republic of China belong to the state and are jointly enjoyed by all people. No unit or individual may use, occupy, pollute, or discharge air resources without approval.

• 1. The state shall manage air resources through unified planning, protection, and utilization, safeguarding the air quality rights of all citizens.
• 1. Any unit or individual using air resources for production or other activities must comply with legal provisions and relevant standards, ensuring no excessive pollution or irreversible damage occurs.
• 1. The state shall formulate reasonable air resource utilization plans, taking regional characteristics and development needs into account, to ensure sustainable use of air resources.

Article 5 (Approval System for Air Resource Utilization)

• 1. Except for daily life and necessary production activities, any industrial or commercial use of air resources must apply for permission from the relevant state departments.
• 1. Applicants must submit an environmental impact assessment report evaluating the project's potential impact on air quality, ensuring compliance with national environmental protection requirements.
• 1. Governments at all levels shall set clear air resource usage standards and caps based on local air quality conditions and pollution sources.

Chapter Five: Legal Liability

Article 15 (Administrative Liability)

Units or individuals that violate this law by illegally using air shall be subject to administrative penalties in accordance with the law. Penalties may include fines, production suspension and remediation, revocation of discharge permits, etc.

Article 16 (Criminal Liability)

For serious cases causing major environmental disasters or public health damage and resulting in substantial loss of state assets, criminal responsibility shall be pursued.

• 1. In the event of a major air pollution incident causing multiple deaths or severe illnesses, responsible parties shall be prosecuted criminally.
• 1. Unauthorized excessive use of air that leads to irreversible environmental damage shall also be subject to criminal prosecution.

Article 17 (Compensation Liability)

If loss of air resources results in personal injury or property damage, the responsible party shall provide compensation in accordance with the law.