中国能源法律体系构建研究
发布时间：2018-12-31 13:43
【摘要】： 改革开放以来,中国经济发展突飞猛进,能源需求日益攀升,能源危机已经初现端倪。能源危机的产生有经济发展、政治政策、军事战略以及法律法规等诸多方面原因。能源与资源、发展、环境三者之间的矛盾日益突出和尖锐,严重制约经济与社会的稳步发展。 能源安全是指能源能够满足和保障经济与社会发展所需的一种供求协调状态。能否为经济社会发展提供这种协调的状态,能否解决我国的能源安全问题,直接决定了我国经济能否持续快速的发展,甚至直接影响我国的国家安全。对于我国这样一个人口众多而能源相对匮乏的发展中国家来说,做到确保能源安全是维持经济的稳步增长、缓解潜在的能源危机以及有效保护环境的必然选择。能源安全问题已成为全球性问题,为了人类可持续发展的共同利益,彻底解决能源安全问题涉及到资源、技术、环保、金融、法律等诸多领域。 我国能源安全法律存在内容和结构不尽完善、相关法律义务与法律责任脱节、能源安全监管机构不明确等因素。能源安全法律应以能源效率、能源可持续利用以及保障能源安全与保护环境同步为原则,权衡能源安全中各方的利益冲突,以提供经济、安全、高效、清洁的可持续能源供应,推行“节能优先、结构多元、环境友好”,确保实现我国在21世纪中叶达到中等发达国家水平为基本目标,制定相关的法律机制与法律责任。目前我国还缺少全面体现能源战略和政策导向、总体调整能源关系的基础性、综合性能源基本法,再加上一些重要的能源部门法的缺失,导致能源法律结构体系上存在空白点,而这又容易引起我国的能源安全法律体系内部协调性和外部衔接性失衡。 从根本上说,我国可持续的能源战略得以实现的根本还是有赖于能源安全法律的完善程度。在法治的环境下,协调好能源、环境和经济发展的关系,把国家能源发展战略和综合性、长效性能源政策上升为可操作的法律规范,将对于保障我国和谐社会建设中的能源安全起到积极作用。
[Abstract]:Since the reform and opening up, China's economy has developed by leaps and bounds, the energy demand is rising day by day, and the energy crisis has appeared. The energy crisis is caused by economic development, political policy, military strategy and laws and regulations. The contradiction between energy and resources, development and environment is increasingly prominent and sharp, which seriously restricts the steady development of economy and society. Energy security is a state of coordination between supply and demand that energy can meet and guarantee the development of economy and society. Whether we can provide this kind of coordinated state for economic and social development and solve the problem of energy security in our country will directly determine whether our economy can develop continuously and rapidly, and even directly affect our national security. For a developing country with a large population and relatively scarce energy, to ensure energy security is the inevitable choice to maintain steady economic growth, alleviate the potential energy crisis and effectively protect the environment. Energy security has become a global problem. For the common benefit of human sustainable development, the solution of energy security involves many fields, such as resources, technology, environmental protection, finance, law and so on. The content and structure of energy security laws in China are not perfect, the related legal obligations and legal responsibilities are out of touch, and the regulatory bodies of energy security are not clear. Energy security laws should be based on the principles of energy efficiency, sustainable use of energy and the synchronization of energy security with the protection of the environment, weighing conflicts of interest in energy security in order to provide an economic, safe, efficient and clean sustainable energy supply. In order to achieve the basic goal of achieving the level of moderately developed countries in the middle of the 21st century, we should make relevant legal mechanism and legal responsibility. At present, our country still lacks the foundation to comprehensively embody the energy strategy and policy orientation, the general adjustment of energy relations, the comprehensive energy basic law, and the absence of some important energy department laws, which leads to the existence of gaps in the energy legal structure system. This easily leads to the imbalance of internal coordination and external cohesion of our country's energy security legal system. Fundamentally speaking, the realization of sustainable energy strategy depends on the perfection of energy security law. In the context of the rule of law, to coordinate the relationship between energy, environment and economic development, to upgrade the national energy development strategy and comprehensive, long-term energy policy to operational legal norms, It will play a positive role in ensuring the energy security in the construction of a harmonious society in our country.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.67
本文编号：2396661
[Abstract]:Since the reform and opening up, China's economy has developed by leaps and bounds, the energy demand is rising day by day, and the energy crisis has appeared. The energy crisis is caused by economic development, political policy, military strategy and laws and regulations. The contradiction between energy and resources, development and environment is increasingly prominent and sharp, which seriously restricts the steady development of economy and society. Energy security is a state of coordination between supply and demand that energy can meet and guarantee the development of economy and society. Whether we can provide this kind of coordinated state for economic and social development and solve the problem of energy security in our country will directly determine whether our economy can develop continuously and rapidly, and even directly affect our national security. For a developing country with a large population and relatively scarce energy, to ensure energy security is the inevitable choice to maintain steady economic growth, alleviate the potential energy crisis and effectively protect the environment. Energy security has become a global problem. For the common benefit of human sustainable development, the solution of energy security involves many fields, such as resources, technology, environmental protection, finance, law and so on. The content and structure of energy security laws in China are not perfect, the related legal obligations and legal responsibilities are out of touch, and the regulatory bodies of energy security are not clear. Energy security laws should be based on the principles of energy efficiency, sustainable use of energy and the synchronization of energy security with the protection of the environment, weighing conflicts of interest in energy security in order to provide an economic, safe, efficient and clean sustainable energy supply. In order to achieve the basic goal of achieving the level of moderately developed countries in the middle of the 21st century, we should make relevant legal mechanism and legal responsibility. At present, our country still lacks the foundation to comprehensively embody the energy strategy and policy orientation, the general adjustment of energy relations, the comprehensive energy basic law, and the absence of some important energy department laws, which leads to the existence of gaps in the energy legal structure system. This easily leads to the imbalance of internal coordination and external cohesion of our country's energy security legal system. Fundamentally speaking, the realization of sustainable energy strategy depends on the perfection of energy security law. In the context of the rule of law, to coordinate the relationship between energy, environment and economic development, to upgrade the national energy development strategy and comprehensive, long-term energy policy to operational legal norms, It will play a positive role in ensuring the energy security in the construction of a harmonious society in our country.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.67
【引证文献】
相关硕士学位论文 前1条
1 邱影;我国能源法律体系研究[D];重庆大学;2011年
，本文编号：2396661
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