Study On The Legal Regulation Of Energy Performance Contracting In China

After the gold ten years of developing experience, as an exotic thing which is not very mature in foreign development and introduced in China, Energy Performance Contracting gradually grows into weakness, with a series of problems coming out. With the methods of literature reseach and positive analysis after the analysis of related concepts and the current situation of Energy Performance Contracting in China, this thesis finds out that the related concepts of Energy Performance Contracting is in relatively chaos, there still is a part of energy service companies of which the nature is not pure, the legislative level is not high and the quantity is not enough overall. From the view of the legal system construction in the area of Energy Performance Contracting: the registration and filing system cannot guarantee the qualification of the energy service company; Local protectionism comes into being easily; The standardized contract of Energy Performance Contracting is deficient; It lacks authorized energy-saving evaluation standard and the third party service mechanism is not sound; There is law blank existing on operation pattern and projects operation are always in chaos. From the view of the legal soil and environment to promote Energy Performance Contracting: the probability of the illegally behaving energy-using units being investigated is low and the legal responsibility to bear after investigation is deficient, which leads to the energy-using units’ inadequate cost of breaking law on energy consumption; Besides, it lacks of the complementary legal measures to promote Energy Performance Contracting, for instance, the financing channels are wanting in legal protection, the coverage of energy-saving requirements in public domain is limited and not guaranteed, and it lacks regional distinctions between encouraging policies, etc.Based on foreign advanced legislation experience in Energy Performance Contracting, this thesis puts forward the advice to perfect the legislation on Energy Performance Contracting in China from two aspects. On the one hand, to perfect the legal regulation inside the Energy Performance Contracting industry: build the access mechanism and developing archives of energy service company, confirm the standardized contract of Energy Performance Contracting, set up energy saving calculation and verification mechanism, standardize the operating mode of Energy Performance Contracting. On the other hand, establish and improve the legal environment to promote the development of Energy Performance Contracting: transform the thinking way to focus on energy-using units and force Energy Performance Contracting to develop in stages, by increasing the energy-using units’ costs of transgressing laws in energy consumption; Meanwhile guarantee the financing of Energy Performance Contracting in legal form, legalize the bottom line of adopting Energy Performance Contracting in the public domain, and balance the regional development of Energy Performance Contracting in legislation, etc. With the law regulation inside Energy Performance Contracting industry and the legal environment to promote Energy Performance Contracting perfecting together, Energy Performance Contracting can be improved and developing in China.