Research Of Legal Regulations Of Voluntary Agreements In The Field Of Energy Efficiency And Emission Reduction

As a new form of energy saving and emission reduction practice,voluntary agreements in the field of energy efficiency and emissionreduction are more and more important.The agreements have legalattributes of administrative and contractual so that they are regardedas a special environmental administrative contract.While thepilot gains great achievements,they have not meet the expectations,inevitably exposing some problems. The reason is that the implementationof voluntary agreements is not well integrated with our national context,and there is not a specific legal to regime them. Therefore, it isnecessary to design a reasonable and perfect legal framework,stressingbasic contents such as the implementation, effectiveness,performance,rights and obligations and liability for breach of contract to regulatethe implementation of energy-saving emission reduction of the voluntaryagreements. The main body of the agreement includes the government, theenterprise and the third party. The government must formulate incentivepolicies,provide incentives in accordance with the contract, supervisethe enterprise behavior and so on.The enterprise should make plans toreach energy-saving goal and submit report regularly.The duty of thethird party is to review of energy-saving target,evaluate the reports andsupervise the behavior of other two bodies. As a kind of administrativecontract, voluntary agreements can also be terminated or amended in somecases.