中国天然气行业监管法律制度研究
发布时间:2018-10-12 12:05
【摘要】: 天然气是一种清洁、高效的能源,对于缓解能源短缺和环境污染具有重要作用,因此倍受世界各国的青睐,在世界能源消费结构中占有重要的地位。我国的能源需求较大,环境污染问题越来越严重,促进和保障天然气行业健康发展能够有效应对能源供应安全和环境污染问题。目前,我国天然气行业方兴未艾,面临法律缺位、监管不力、价格监管制度不合理等各种问题和挑战,亟需立法予以规制。 本文主要分为五个部分。第一部分为引言,主要介绍了本文的选题背景及意义。第二部分为天然气行业的发展现状与趋势,在分析了世界和我国天然气行业发展现状的基础上,预测了未来的发展趋势及其在我国能源安全、环境的可持续发展和国际交往等方面的重要意义。第三部分为中国天然气行业的立法现状及存在问题,研究了我国现阶段的天然气法律体系,提出我国的天然气立法存在法律体系不完整,专门环节存在法律空白,缺少统一监管体制,价格监管制度严重缺陷等问题。第四部分为国外天然气监管法律制度,主要选取了美国、加拿大和英国三个主要天然气行业发达的国家,对三个国家天然气行业的法律体系,监管体系和价格监管制度进行了深入分析和研究,并总结了它们在以立法推动改革,监管体系完备,和选择性放开市场方面的共同点,以及它们在立法模式、立法框架、监管模式和对小用户不同监管态度方面的立法特色。第五部分为中国天然气行业监管法律制度的构想,主要从天然气法律体系的完善,立法原则的确立,监管法律制度和价格监管制度的构建几个方面提出了立法建议。 总之,我国天然气行业法律制度的构建,首先要选择全行业统一立法的模式,在许可证法律框架之下,健全和完善天然气法律体系;其次要确立市场与政府调控相结合的原则、公众参与的原则、普遍服务的原则和节约的原则;再次要构建天然气监管法律制度,采用管理与监督相分离的监管模式,建设中央与地方相协调的监管体系;最后要构建天然气价格监管制度,对天然气行业的上游、中游和下游,分别采用不同的定价和监管方法,逐步放开上游和下游市场,并对中游市场进行有效监管。
[Abstract]:Natural gas is a kind of clean and efficient energy, which plays an important role in alleviating energy shortage and environmental pollution, so it is favored by many countries all over the world and plays an important role in the world energy consumption structure. The problem of environmental pollution is becoming more and more serious in our country because of the large demand for energy. To promote and guarantee the healthy development of natural gas industry can effectively deal with the problems of energy supply safety and environmental pollution. At present, the natural gas industry of our country is in the ascendant, facing various problems and challenges, such as lack of law, weak supervision, unreasonable price supervision system and so on. This paper is divided into five parts. The first part is the introduction, which mainly introduces the background and significance of this paper. The second part is the development status and trend of natural gas industry. Based on the analysis of the current situation of natural gas industry in the world and China, the future development trend and energy security in China are predicted. Sustainable development of the environment and international exchanges and other aspects of significance. The third part is the current situation and existing problems of China's natural gas industry. It studies the current natural gas legal system of our country, and points out that there is incomplete legal system in China's natural gas legislation, and there is a legal gap in the special link. Lack of unified regulatory system, price supervision system serious defects and other problems. The fourth part is the foreign natural gas regulatory legal system, mainly selected the United States, Canada and Britain of the three major natural gas industry developed countries, the three countries of the natural gas industry legal system, The paper analyzes and studies the regulatory system and price supervision system, and summarizes their common points in promoting the reform by legislation, perfecting the regulatory system, and selectively liberalizing the market, as well as their legislative models and legislative framework. The legislative features of regulatory model and different regulatory attitudes towards small users. The fifth part is the conception of China's natural gas industry supervision legal system, mainly from the natural gas legal system perfection, the legislative principle establishment, the supervision legal system and the price supervision system construction several aspects proposed the legislative proposal. In a word, in order to construct the legal system of natural gas industry in our country, we should first choose the model of unified legislation for the whole industry, perfect and perfect the legal system of natural gas under the framework of license law, and establish the principle of combining the market with government regulation and control. The principle of public participation, the principle of universal service and the principle of economy; thirdly, we should construct the legal system of natural gas supervision, adopt the supervision mode of separating management from supervision, and build a regulatory system coordinated by central and local governments; Finally, it is necessary to construct the natural gas price supervision system, adopt different pricing and supervision methods to the upstream, middle and lower reaches of the natural gas industry, gradually liberalize the upstream and downstream markets, and effectively supervise the mid-stream market.
【学位授予单位】:中国地质大学(北京)
【学位级别】:硕士
【学位授予年份】:2009
【分类号】:F426.22;D922.6
本文编号:2266044
[Abstract]:Natural gas is a kind of clean and efficient energy, which plays an important role in alleviating energy shortage and environmental pollution, so it is favored by many countries all over the world and plays an important role in the world energy consumption structure. The problem of environmental pollution is becoming more and more serious in our country because of the large demand for energy. To promote and guarantee the healthy development of natural gas industry can effectively deal with the problems of energy supply safety and environmental pollution. At present, the natural gas industry of our country is in the ascendant, facing various problems and challenges, such as lack of law, weak supervision, unreasonable price supervision system and so on. This paper is divided into five parts. The first part is the introduction, which mainly introduces the background and significance of this paper. The second part is the development status and trend of natural gas industry. Based on the analysis of the current situation of natural gas industry in the world and China, the future development trend and energy security in China are predicted. Sustainable development of the environment and international exchanges and other aspects of significance. The third part is the current situation and existing problems of China's natural gas industry. It studies the current natural gas legal system of our country, and points out that there is incomplete legal system in China's natural gas legislation, and there is a legal gap in the special link. Lack of unified regulatory system, price supervision system serious defects and other problems. The fourth part is the foreign natural gas regulatory legal system, mainly selected the United States, Canada and Britain of the three major natural gas industry developed countries, the three countries of the natural gas industry legal system, The paper analyzes and studies the regulatory system and price supervision system, and summarizes their common points in promoting the reform by legislation, perfecting the regulatory system, and selectively liberalizing the market, as well as their legislative models and legislative framework. The legislative features of regulatory model and different regulatory attitudes towards small users. The fifth part is the conception of China's natural gas industry supervision legal system, mainly from the natural gas legal system perfection, the legislative principle establishment, the supervision legal system and the price supervision system construction several aspects proposed the legislative proposal. In a word, in order to construct the legal system of natural gas industry in our country, we should first choose the model of unified legislation for the whole industry, perfect and perfect the legal system of natural gas under the framework of license law, and establish the principle of combining the market with government regulation and control. The principle of public participation, the principle of universal service and the principle of economy; thirdly, we should construct the legal system of natural gas supervision, adopt the supervision mode of separating management from supervision, and build a regulatory system coordinated by central and local governments; Finally, it is necessary to construct the natural gas price supervision system, adopt different pricing and supervision methods to the upstream, middle and lower reaches of the natural gas industry, gradually liberalize the upstream and downstream markets, and effectively supervise the mid-stream market.
【学位授予单位】:中国地质大学(北京)
【学位级别】:硕士
【学位授予年份】:2009
【分类号】:F426.22;D922.6
【引证文献】
相关硕士学位论文 前2条
1 许云燕;我国石油天然气资源勘查开发法律问题研究[D];华北电力大学(北京);2011年
2 孔德荣;论我国石油行业垄断的法律规制研究[D];山东科技大学;2011年
,本文编号:2266044
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