The relevant person from the National Energy Office revealed on the 2nd held the "High Level Symposium on Oil Market and Energy Legislation" that China's energy law drafting encountered legislative orientation, relations with energy management systems, boundary reform in the energy sector, and legal and policy boundaries. There are six major problems: the relationship between legislative innovation and feasibility, and the coordination of interests between departments and industries.
"The Energy Law, as a basic law attracting attention in the energy field, will be systematically promoted regardless of any difficulties encountered in drafting. It will strive to complete the draft by the end of this year and submit it to the State Council." A strategic planning group of the National Energy Office Director said.
Six major problems to be solved The energy issue involves many varieties and industries, covering the whole process of development, supply, and utilization. It involves a wide range of fields ranging from government, industry, and enterprise to the public, and how to adjust relations and regulate industries through energy law. It is the key and difficult point in the legislation. In an interview with this reporter, the Energy Office official said that the major problems encountered in the drafting of the energy law can be summarized as six points.
The first is the positioning of energy law. At present, China has four unilateral laws such as the Electric Power Law, Coal Law, Energy Conservation Law and Renewable Energy Law, and the absence of petroleum law and atomic energy law. How to make energy law not only play a leading role, but also does not replace the energy single-line law, and does not produce conflicts with the relevant laws such as the Mineral Resources Law. This requires the identification of the positioning of the energy law.
This is followed by the relationship between energy law and energy management systems. Some involve deep-seated contradictions in the management system, such as whether or not to establish a unified government department in charge of energy management, whether to implement the “integration of political and administrative supervision†or “separation of political and administrative supervision†modes, and how the central and local energy management authorities are divided. Energy legislation is neither easy to grasp nor avoidable.
The third is the major issue concerning the direction of reform in the energy sector. For example, the status and content of energy strategic planning, the scope, objectives, and degree of market-oriented reforms in all areas of energy, the fiscal, taxation, price, investment, financial, import and export policy reform orientations, energy reserves, and emergency response methods for energy development and utilization are all needed. Further deepen research and form a basic identity.
The fourth issue is the boundary definition of energy laws and policies. The effective and long-term policy of the energy sector needs to be raised to the legal level. The views of different parties need to be studied and demonstrated in depth.
The fifth issue is the relationship between legislative innovation and feasibility. In order to enhance the operability of the law, some experts suggested that some quantitative indicators with binding effects be stipulated in the legislation. However, some experts worry that if these indicators cannot be implemented on schedule, the authority of the law will be undermined.
The sixth issue is the coordination of the interest relations between departments and industries. The purpose of the energy law is to standardize energy-related activities from the perspective of the state and society. However, relevant departments, industries, enterprise groups, and local governments have put forward some special legislative demands from their own perspective. Some even meet the national and public interest goals. When seeking opinions and drafting legal provisions, it is difficult to form a unified opinion.
The legislative process is advancing in an orderly way. Although there are still many problems to be solved in the legislation, these will not delay the process of energy law legislation. The relevant person of the National Energy Office told reporters, “Since the start of the energy law drafting work in early 2006, various Work is progressing in an orderly manner, and it is expected that a draft law will be formed at the end of 2007 and reported to the State Council."
It is understood that since Premier Wen Jiabao’s drafting of the Energy Law as soon as possible in September 2005, the drafting of the China’s energy law began to be prepared; on January 24, 2006, the National Energy Office, the National Development and Reform Commission, the State Council Legislative Affairs Office, the Ministry of Finance, and the National Lands Ministry of Resources, Ministry of Science and Technology, Ministry of Agriculture, Ministry of Commerce, State-owned Assets Supervision and Administration Commission, State Environmental Protection Administration, General Administration of Safety Supervision, State Electricity Regulatory Commission, National People's Congress Financial and Economic Committee, NPC Entrepreneurs Commission and China Development Office, etc. It was announced that Ma Kai, Director of the National Development and Reform Commission and Director of the Energy Office, took the lead; on March 22, an expert group on the drafting of energy law was established by 16 experts and scholars in the fields of energy, law, economics, and public administration, and the drafting of the energy law entered. Substantive stage.
In the drafting process, the energy law has received extensive attention from all walks of life. According to the Comrades of the Strategic Planning Group of the Energy Office, on May 1st, 2006, the drafting group of the Energy Law conducted public opinions through the news media and the Internet and other channels. More than 2,000 questionnaires were received and more than 1,000 written feedback were received. Article; In June, they heard opinions from some members of the National Committee of the Chinese People's Political Consultative Conference. In November, they initially formed two work draft programs, held special symposiums on some major issues, and listened to opinions from the National People's Congress, relevant State Council departments, and energy companies.
“The next step, we will also carry out special investigations on major issues such as energy market regulation, energy law and policy borders, etc.†Comrades of the Strategic Planning Group of the Energy Office said that for instance, energy and resource provinces and consumer provinces such as Shaanxi and Zhejiang were investigated; At the same time, invited the United States and Australia and other experts to introduce the United States "Energy Policy Act of 2005" and the Australian energy legislation related to the situation ... Based on a wide range of opinions, the work of the energy law for further revision and improvement.
The energy law is what kind of legal energy law is it? What kind of expectation will leave us?
“Little wise men rule, wise men rule, and wise men govern.†Xu Mingming, deputy director of the State Energy Office, said in an interview that as an energy producing and consuming country, China’s energy management is in urgent need of legislation.
Wu Zhonghu, a member of the China Energy Law Drafting Group and a researcher at the Energy Research Institute of the National Development and Reform Commission, told reporters that the energy law should be different from the electricity law and the coal law first. It would not be a specific law that is confined to the industry; followed by energy conservation law. The Renewable Energy Law also differs in that it is not a specific law that is based on addressing the issues at each level; it is also different from the more than 1,000 pages of the US Energy Act—2005, which is not an overall law. . He said: "China's legislative framework has determined that energy law should be a programmatic and policy-oriented law and establish the orientation of the overall development of the country's energy resources."
According to reports, the energy law being drafted will be a basic law in the field of energy, highlighting the strategic, overall, comprehensive, principled, and harmonization with the legal systems of various energy fields, covering the development and production of energy resources, Supply and service, utilization and conservation, reserves and emergency, rural energy, environmental protection, technology development and innovation, foreign energy cooperation and market supervision and many other aspects. "This is a law that regulates all activities and activities in the energy sector."
"The Energy Law, as a basic law attracting attention in the energy field, will be systematically promoted regardless of any difficulties encountered in drafting. It will strive to complete the draft by the end of this year and submit it to the State Council." A strategic planning group of the National Energy Office Director said.
Six major problems to be solved The energy issue involves many varieties and industries, covering the whole process of development, supply, and utilization. It involves a wide range of fields ranging from government, industry, and enterprise to the public, and how to adjust relations and regulate industries through energy law. It is the key and difficult point in the legislation. In an interview with this reporter, the Energy Office official said that the major problems encountered in the drafting of the energy law can be summarized as six points.
The first is the positioning of energy law. At present, China has four unilateral laws such as the Electric Power Law, Coal Law, Energy Conservation Law and Renewable Energy Law, and the absence of petroleum law and atomic energy law. How to make energy law not only play a leading role, but also does not replace the energy single-line law, and does not produce conflicts with the relevant laws such as the Mineral Resources Law. This requires the identification of the positioning of the energy law.
This is followed by the relationship between energy law and energy management systems. Some involve deep-seated contradictions in the management system, such as whether or not to establish a unified government department in charge of energy management, whether to implement the “integration of political and administrative supervision†or “separation of political and administrative supervision†modes, and how the central and local energy management authorities are divided. Energy legislation is neither easy to grasp nor avoidable.
The third is the major issue concerning the direction of reform in the energy sector. For example, the status and content of energy strategic planning, the scope, objectives, and degree of market-oriented reforms in all areas of energy, the fiscal, taxation, price, investment, financial, import and export policy reform orientations, energy reserves, and emergency response methods for energy development and utilization are all needed. Further deepen research and form a basic identity.
The fourth issue is the boundary definition of energy laws and policies. The effective and long-term policy of the energy sector needs to be raised to the legal level. The views of different parties need to be studied and demonstrated in depth.
The fifth issue is the relationship between legislative innovation and feasibility. In order to enhance the operability of the law, some experts suggested that some quantitative indicators with binding effects be stipulated in the legislation. However, some experts worry that if these indicators cannot be implemented on schedule, the authority of the law will be undermined.
The sixth issue is the coordination of the interest relations between departments and industries. The purpose of the energy law is to standardize energy-related activities from the perspective of the state and society. However, relevant departments, industries, enterprise groups, and local governments have put forward some special legislative demands from their own perspective. Some even meet the national and public interest goals. When seeking opinions and drafting legal provisions, it is difficult to form a unified opinion.
The legislative process is advancing in an orderly way. Although there are still many problems to be solved in the legislation, these will not delay the process of energy law legislation. The relevant person of the National Energy Office told reporters, “Since the start of the energy law drafting work in early 2006, various Work is progressing in an orderly manner, and it is expected that a draft law will be formed at the end of 2007 and reported to the State Council."
It is understood that since Premier Wen Jiabao’s drafting of the Energy Law as soon as possible in September 2005, the drafting of the China’s energy law began to be prepared; on January 24, 2006, the National Energy Office, the National Development and Reform Commission, the State Council Legislative Affairs Office, the Ministry of Finance, and the National Lands Ministry of Resources, Ministry of Science and Technology, Ministry of Agriculture, Ministry of Commerce, State-owned Assets Supervision and Administration Commission, State Environmental Protection Administration, General Administration of Safety Supervision, State Electricity Regulatory Commission, National People's Congress Financial and Economic Committee, NPC Entrepreneurs Commission and China Development Office, etc. It was announced that Ma Kai, Director of the National Development and Reform Commission and Director of the Energy Office, took the lead; on March 22, an expert group on the drafting of energy law was established by 16 experts and scholars in the fields of energy, law, economics, and public administration, and the drafting of the energy law entered. Substantive stage.
In the drafting process, the energy law has received extensive attention from all walks of life. According to the Comrades of the Strategic Planning Group of the Energy Office, on May 1st, 2006, the drafting group of the Energy Law conducted public opinions through the news media and the Internet and other channels. More than 2,000 questionnaires were received and more than 1,000 written feedback were received. Article; In June, they heard opinions from some members of the National Committee of the Chinese People's Political Consultative Conference. In November, they initially formed two work draft programs, held special symposiums on some major issues, and listened to opinions from the National People's Congress, relevant State Council departments, and energy companies.
“The next step, we will also carry out special investigations on major issues such as energy market regulation, energy law and policy borders, etc.†Comrades of the Strategic Planning Group of the Energy Office said that for instance, energy and resource provinces and consumer provinces such as Shaanxi and Zhejiang were investigated; At the same time, invited the United States and Australia and other experts to introduce the United States "Energy Policy Act of 2005" and the Australian energy legislation related to the situation ... Based on a wide range of opinions, the work of the energy law for further revision and improvement.
The energy law is what kind of legal energy law is it? What kind of expectation will leave us?
“Little wise men rule, wise men rule, and wise men govern.†Xu Mingming, deputy director of the State Energy Office, said in an interview that as an energy producing and consuming country, China’s energy management is in urgent need of legislation.
Wu Zhonghu, a member of the China Energy Law Drafting Group and a researcher at the Energy Research Institute of the National Development and Reform Commission, told reporters that the energy law should be different from the electricity law and the coal law first. It would not be a specific law that is confined to the industry; followed by energy conservation law. The Renewable Energy Law also differs in that it is not a specific law that is based on addressing the issues at each level; it is also different from the more than 1,000 pages of the US Energy Act—2005, which is not an overall law. . He said: "China's legislative framework has determined that energy law should be a programmatic and policy-oriented law and establish the orientation of the overall development of the country's energy resources."
According to reports, the energy law being drafted will be a basic law in the field of energy, highlighting the strategic, overall, comprehensive, principled, and harmonization with the legal systems of various energy fields, covering the development and production of energy resources, Supply and service, utilization and conservation, reserves and emergency, rural energy, environmental protection, technology development and innovation, foreign energy cooperation and market supervision and many other aspects. "This is a law that regulates all activities and activities in the energy sector."
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