On The Construction Of The Energy Legal System

Energy resources are significant for human society's development. China is ahigh energy-consumption country. The main sorts of energy we have used aretraditional energy such as coal and fossil oil. The energy reserve will be drawndown in the future if we don't make any efforts to it. And the low-level technologyin the energy field confined China to gain new energy. Sustainable utilization ofenergy is the key problem for China's economic development and environmentalprotection.There are many kinds of ways to solve the energy problem of China, but theLaws maybe is the most efficient one. Now in China laws coveting electricity, coal,oil and energy conserving have been enforced for years, and the law of renewableenergy has started to take effect in 2006. However, most of them are behind of thesociety development and have an urgent need to be emended. Moreover, Chinalacks a basic energy law which reflects the energy strategy and policy orientation.This situation fails to meet the requirement of building a well-off society andrealizing the sustainable development of economy and society. It's an urgent needto establish a system of energy law to cope with complicated contradictions andproblems on energy in China properly.This dissertation discuss how to establish the system of energy law and howto perfect the energy legislation by three aspects—legal principles, legal norms andlegal systems.The basic principles of energy laws at least contained these as bellow: theprinciple of sustainable development, the principle of energy saving combinedwith energy exploiting and the principle of coherently formulating. Theseprinciples reflected the value pursue of energy laws that is to improve theefficiency of energy utilization and remain energy sustainable development andrealize the energy fairness finally.The Laws of energy should contain six fields which are the basic energy law,coal-to-liquid fuel energy laws, energy industry law, energy utilization laws,substitutable energy laws and energy security laws. Energy Law in drafting plays arole of the basic energy law in the system and provides a legal foundation for sub-laws. It contributes to upgrade national energy development strategy and thecomprehensive and long-term energy policy to operable laws and regulationssupported by state mandatory force. The others are the main bodies in the systemof energy law. Coordinating with the related energy ordinances and regulations,they contribute to solve the energy problems in specific fields.Discuss on the main energy legal systems is an important part in thisdissertation. The main energy legal systems were incorporated into three types:economic stimulation systems, government management systems and pollutioncontrol systems. Economic stimulation systems contain the tax preferences system,the energy subsidies system and the government green-procurement system;government management systems contain the energy tax system and the energyprice control system; pollution control systems contain the emission charge system,the tradable pollution permits systems, and the clean development mechanism.Some new theories and new system which have been successful abroad were notdiscuss respectively in this part because they still need time to practice in China toknow whether they are suitable for china's energy situation. But they wereconsidered when compared with related discussed systems.Finally, the dissertation don't aim at elaborating every detail on establishingthe comprehensive system of energy law but hope to set forth some probablyfeasible measure and advise to perfect energy law and meanwhile contribute toschematize research on energy law.