The key to the success of the Energy Law is that it is still in the law enforcement mechanism.

A few days ago, the National Development and Reform Commission and the National Energy Office issued notices to publicly solicit opinions on the legislative work of the Energy Law. The period of activities is from May 1 to December 1.

"Welcome all sectors of the community to actively contribute ideas and suggestions for the formulation of the Energy Law. For valuable opinions or suggestions, they will be absorbed and borrowed from the drafting process," said Jiang Bing, head of the Strategic Planning Group of the National Energy Office, to the China Economic Times.

It is imminent to enact the Energy Law

Unlike the publicly solicited opinions, the drafting group of the Energy Law was established on January 24, 2006. The National Energy Office, the National Development and Reform Commission, the State Council Legislative Affairs Office, and the Ministry of Finance participated in the drafting work. Ma Kai, director of the National Development and Reform Commission and director of the National Energy Office, served as the team leader. At the same time, experts and scholars in the fields of energy, law, economics, and public administration form an expert group for drafting the Energy Law to provide consultation for drafting work.

"At present, China still lacks the basic energy law that comprehensively reflects energy strategy and policy orientation, and overall adjustment of energy relations and activities. In order to properly cope with these complicated contradictions and problems, it is urgent to formulate a basic and comprehensive law in the energy field." Ye Rongzhen, deputy head of the drafting expert group of the National Energy Law and chairman of the Energy Law Research Association of the Chinese Law Society, said in an interview with the China Economic Times reporter that "the energy law was enacted before the Ministry of Energy was withdrawn, but This work was temporarily put on hold due to the withdrawal of the Ministry of Energy. As China’s energy problems became more apparent, the drafting of the Energy Law was put on the agenda."

“It is extremely urgent to formulate a basic law on energy.” Ye Rongzhen told reporters that China used to rely on relevant policy adjustments to manage energy and resources, but neglected to adjust it with long-term stable laws. It is very important to formulate an energy strategy, but energy strategy. Insufficient status in embodying national will and state coercive power, policy adjustments are also volatility, instability and short-term, and often lack the guarantee of state coercive power, which is easily overlooked and not well implemented. The drafting and implementation of the Energy Law is conducive to the implementation of China's energy development strategy, and the national energy development strategy and comprehensive and long-term energy policy have been raised into operational legal norms.

"China Energy Law System Framework Research" will be an important basis for drafting the Energy Law

"The Energy Law is very complicated. It covers a wide area. It is the leading law and basic law of the entire energy legal system. There are many problems involved, such as energy security, energy prices, energy structure, energy management, etc. Simply draft a thing. It is easy, but it is necessary to be scientific and reasonable to balance the interests of all parties. It is very prudent," said Wu Zhonghu, a member of the drafting expert group of the National Energy Law and the secretary of the Energy Law Research Society of the Chinese Law Society, told the China Economic Times.

Wu Zhonghu introduced to the reporter that the first step of drafting the expert group was to discuss the four topics of “Legislative Ideas, Energy Law Outline”, “Relationship between Energy Law and Related Laws”, “Reference of International Energy Legislation” and “International Energy Strategy Relations”. . "The initial results have been achieved, and the expert group is preparing to set up other research groups to conduct in-depth arguments on relevant issues."

In fact, in May 2005, the National Development and Reform Commission Energy Bureau commissioned the China Law Society Energy Law Research Institute to conduct research on energy law-related topics. According to the reporter's understanding, the National Development and Reform Commission Energy Bureau and the China Law Society Energy Law Research Association have held three meetings of the "China Energy Law System Framework Research" project group meeting.

At present, the "China Energy Law System Framework Study" has formed a first draft of 230,000 words. The report believes that China's energy law system has defects in structure, content and coordination. It is recommended to focus on drafting the Energy Law and amending the Coal Law, the Electricity Law and the Energy Conservation Law. Step by step to improve the energy regulations and some of the supporting regulations as planned.

"The research results of the "China Energy Law System Framework Research" will be an important basis for drafting the "Energy Law", Jiang Bing told reporters. However, for the "pre-work" of this energy law, Ye Rongzhen believes that "the research work is more or less lagging."

The Energy Law emphasizes legality

"Some of the legal provisions of the "Energy Conservation Law" are too principled, the operability is poor, and the supervision system is imperfect. Although some provinces and municipalities have established energy conservation supervision agencies, it is not clear because the law fails to make regulations on energy conservation supervision. The legal status of existing institutions such as provincial and municipal energy conservation monitoring centers, therefore, in general, most areas have not established energy conservation law enforcement supervision institutions, some of which are not implemented or implemented in some cases, and the phenomenon of non-compliance still exists. Wu Zhonghu expressed this in summing up the implementation of the Energy Conservation Law in recent years.

Ye Rongzhen also expressed a similar view: many laws are too principled and require a considerable number of supporting regulations to make them operational. Even with the Renewable Energy Law promulgated this year, the total renewable energy targets, power generation grids and full acquisitions, special funds and taxes, credits, etc., need to be formulated with a number of corresponding supporting regulations, standards and The method can be effectively implemented. “Why is it too principle? A very important reason is that there is a lack of unified understanding among the various departments on the operability clause, which leads to the end of the last half.”

Ye Rongzhen pointed out that there are many single-line laws in the energy field in China, but there is a lack of a basic law. The Basic Law addresses common and common, strategic, fundamental, and long-term issues, and resolves the coordination of interests between the central government and local governments, departments and departments, and industries and industries. The Basic Law and the Single Line Method can be parallel and not intersected and can be combined. It is very difficult to formulate the Basic Law of Energy, which involves the adjustment of interests and rights of all parties. Therefore, some outstanding problems and conflicts of interest of energy need to be solved by law.

"Whether a law can be well implemented, the key is whether there is a corresponding enforcement mechanism." Han Xiaoping, director of China Energy Network Information, told the China Economic Times that the Environmental Protection Law and the Electricity Law have An executive team, the government or the company will implement it better because of its own needs, and the Energy Conservation Law has not been well implemented because there is no corresponding executive team.

He believes that it is very important for China to enact the Energy Law and establish corresponding law enforcement agencies. China's energy problem has become a global issue, and international agencies and governments have also had problems with communication because China does not have an energy authority. Therefore, the enactment of the "Energy Law" requires the establishment of an administrative department that can take full responsibility for China's energy to ensure the smooth implementation of the Energy Law.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
From: China Economic Times

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