"Energy Law" opens its doors and asks for many problems to be broken
A person from the National Energy Office recently said in an interview with the Caijing Shibao reporter: "We are trying to complete the drafting of the draft Energy Law and submit it to the National People's Congress in about two years." This person is in the Energy Law. The relevant work is responsible for the legislative public consultation.
On April 19th, the National Energy Office just started to collect opinions and suggestions on the draft of the Energy Law from the news media. From May 1 to December 1 this year, a set of 25 articles was specially designed for this purpose. Energy legislation questionnaire.
"Energy legislation has been raised to such specifications, indicating that the state is very cautious about this." A person from the Energy Research Institute of the National Development and Reform Commission said.
Many issues need to be clear
Earlier media reports said that the "Energy Law" is expected to be introduced within three to five years. The public collection of opinions seems to make people see the hope of accelerating legislation.
Relevant departments said in the public consultation that the move is "to better reflect the spirit of democratic legislation and open-door legislation, and to brainstorm and improve the level and efficiency of energy legislation." However, some insiders pointed out that this reflects the bottlenecks encountered in energy legislation.
Many issues are still unclear. For example: What is the purpose and purpose of the legislation? How do you define the relationship with existing laws such as the Coal Law, the Electricity Law, the Renewable Energy Law, and the Energy Conservation Law? How to coordinate?
"Different views do exist, we are discussing and researching." The above-mentioned energy office said, "But the general principle has been determined, that is, the "Energy Law" is the basic law in China's energy field, which is the State Council's instructions."
According to Han Xuegong, a professor at the Petroleum Cadre Management Institute and a well-known domestic petroleum expert, the entire energy law should be a system. The Energy Law should be its overall framework, which should include the overall policies, guidelines and guiding principles of the national energy sector. A single law should be guided and adjusted. "Single-line energy laws, such as the Oil and Gas Law and the Energy Conservation Law, which are being formulated and revised, should not violate the basic principles of the Energy Law."
But the differences still exist. "Although the big tone has been determined, it is like the US Energy Law, there is a certain controversy about formulating a specific energy law for each industry and field, or a general energy law." He said, "It is too fine to be made, so I am afraid I can't do it in such a short time and an urgent situation. But if we only formulate a general and principled program, there are people who worry that we can't solve practical problems."
Break through from a single line?
In fact, for the advancement of the Energy Law, experts have long questioned that energy legislation not only involves the relationship with the single-line law, but also faces the division of departmental interests, responsibilities, and adaptation of economic system reforms. It’s good to be able to come out in the year."
On the other hand, some other single-line laws have already taken the lead. For example, the Energy Conservation Law is being revised in an intense manner and is expected to be submitted to the National People's Congress for review in 2007.
Does this mean: before the “Energy Law†advances difficulties, first establish, modify or improve other energy single-line laws to build the overall framework of the energy legal system?
"There should be such considerations," Han Xuegong said. "This is not contradictory. The Energy Law is a basic law. Of course, other separate laws are needed to adjust the industries and fields."
"The two are complementary. They can use the individual energy laws to build the legal framework for the entire energy sector. The Energy Law will be integrated," said Yang Zhenhuai, chairman of the China Energy Conservation Association.
However, the aforementioned National Energy Office said that there is no such consideration in the legislation of the Energy Law. The person who also participated in the revision of the Energy Conservation Law said that the single-line energy law such as the Energy Conservation Law was completed ahead of schedule because the conditions were mature and it was easier to modify and improve. “There is no energy. The law and other single-line law who will be the first question."
Basic research has just begun
“A “Energy Law†cannot cover and refine all energy fields and needs other single-line energy laws to improve it. Therefore, legislation can be implemented in different energy fields. If legislation is difficult, it may be considered to introduce regulations first. To solve practical problems," said Dong Xiucheng, deputy dean of the School of Business Administration at the University of Petroleum.
But the real problem is, if the Energy Law is the basic law in the energy field to limit the overall policy guidelines and guiding principles in the energy field, then where are the guiding principles for the introduction of other energy single-line laws? Other energy single-line methods will go ahead. Will there be any inconsistencies with the spirit of the Basic Law in the future?
"The contradiction is here," said the person at the Energy Research Institute of the National Development and Reform Commission. He believes that this is mainly because China has always lacked a unified, long-term planning and management and leadership in the energy sector. "If there is a unified leadership department, it can be determined whether it is to establish Dafa first, then to establish a small law, or to improve the small law first, and to reorganize the Dafa. It can be well coordinated." He also pointed out that the past single law only It is necessary to consider the industry and the field, and it does not involve the overall planning and overall consideration. The drafting of the Energy Law requires the combination of experts in law, energy and economy. “Energy experts need to fully grasp the accuracy of the law, and legal experts also need to have a deep understanding and understanding of energy, and the requirements are very high.â€
The aforementioned National Energy Office said that the law and energy experts who participated in the drafting of the Energy Law are currently conducting basic research and are working on the drafting of legislation. "It takes about one to two years." "In the seven months of public comment, the drafting of the draft Energy Law will continue normally."
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
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