Study On The Applicability Of Law For The Payment And Transaction Of Using Energy Rights

This article mainly discusses the applicability of the legal compensation for the use of energy rights from four parts:The first part is to use the right to compensation for the use and trading of the legislative status and practice dilemma,this part mainly analysis the legislation status of the right to compensation for the use and trading,through legislation to regulate the status quo,analysis of existing pilot practice dilemma.At present,there is no unified legal norms of national level,all is still under exploration,from throughout the trial by the right to compensation for the use and trading point of view,the law is the basis of the national development and Reform Commission Department regulations.Overall,the pilot's situation in parts of the city of Zhejiang province rules has the certain maneuverability,but there exist some obstacles,such as energy trading pilot construction rush,system construction is not perfect;can use the right to compensation for the use and lack of maneuverability,the basic concepts are not clear,the market risk of higher energy rights the use of enterprise approval is low,with the right to compensation for the relationship can be applied with other energy to clear the plight of paid transactions.The second part is the analysis of legal application for the right to compensation for the use,the first part expounds the basic connotation of energy right under the energy charged transaction context,can use energy production enterprises is the right of the right to development,is a continuation of enterprise property rights,but also to achieve the necessary means of the autonomy of business.China aims to establish a carbon emissions trading by the parallel trading,while the core is used to trading the right to compensation for the use of energy,externality,theoretical basis of the right to compensation for the use of the enterprise behavior of the tragedy of the commons,and the Kos theorem.To the right to compensation for the use is divided into two parts,the first is that the stock of quotas,customs clearance data administration approved after analyzing the configuration to the comprehensive energy consumption index of high energy consuming enterprises a year high,the other is a new quota,the quota on the basis of the stock,for new energy projects with high assessment approved by administrative agencies,after confirmation of new quota allocation.From the point of view of externality theory,tragedy of Commons and Kos theorem,the use of energy paid transaction does not have legal applicability.And from the point of view of the right of use,the stock quota is actually an administrative interference to the property right of the enterprise,and the new quota may be the right of the enterprise to operate independently.Therefore,in the application of the law,it is clear that the use of the right to pay the use of insurmountable boundaries.The third part is the comparison and enlightenment of the international energy compensation mechanism,this part introduces the European white certificate system,energy quota system of the United States,Australia such certificate transaction,and India's PAT system,so as to compare our country with the right to compensation for the use and trading to foreign energy,put forward the enlightenment for our energy trading.The fourth part is to explore China's energy consumption serious and irrational energy structure proposals,trying to market trading mechanism in the case of serious energy consumption,seeking innovative ways.