Research Of Juristic Problems About The Mechanism Of Energy Saving And Emission Reduction In Our Country

Since the late half of2012, many cities in Beijing, Hebei, Shandong, Henan, Hubei, Jiangxi etc areshrouded by the fog. The air pollution is severely serious. At the same time people come into contact with aword called PM2.5(that is, fine particulate matter), which was originally strange, but now very well-known.The sources of PM2.5are complex. From the process of formation, human emissions is the internal cause,the weather is the external cause. The major source of PM2.5is the emissions of vehicles, exhaustedmaterial from factories, burning of coal and so on. Compared with other ingredients, the percentage ofPM2.5in the atmosphere is lower, but there are toxic and harmful substances in it, and the consistency hasa great impact on human’s health and quality of atmospheric environment. Long-term haze weather hasseriously affected people’s public life and outside environment. In the most seriously polluted areas inBeijing, thirty percent of vehicles used in and by the local governments’ bus have been forbidden; studentsof primary and secondary schools have stopped outdoor exercise; Wuhan of Hubei requires the buildingsites to reduce dust, and strictly supervise the soot emissions in enterprises. Zhengzhou of Henan flushesthe main roads and increases two extra times of water spraying dust-settling in one day.PM2.5has drawngreat attention from the government. In the government work report of the year of2012, the idea hasclearly put forward that the fine particles (PM2.5) must be monitored in2012in the areas of Beijing-Tianjin-Hebei, Yangtze River Delta, Pearl River Delta and other key regions, and municipalities directlyunder the central government and provincial capital cities. And all the prefecture-level cities should becovered in2015.To monitor the PM2.5is not the goal, the ultimate goal is to promote energy saving and emissionreduction. Energy conservation and emissions reduction and ecological environment protection is one ofthe important tasks during the12th five-year. The key of energy conservation and emissions reduction is tosave energy, improve energy efficiency and reduce pollution. In the process of executing, we should notonly make the integrated use of economic, legal and necessary administrative means, concentrate on energyconservation and emissions reduction in major fields such as industry,traffic, building, public institutionsand consumption of resident and thousands of key energy-consuming enterprises, and close down backward production facilities, but also carry out supervision and inspection of the energy saving andenergy efficiency certification logos, encourage water-saving, energy-saving, land-saving, materials savingand comprehensive utilization of resources, vigorously develop the circulation economy to strengthen theenvironmental protection at the same time. We will focus on those serious environmental problems, whichhave a close relationship with the people’s livelihood, such as pollution of drinking water source of heavymetal.The paper starts with the basic concept of energy conservation and emissions reduction. Based on thefurther elaboration of the concept of energy conservation and emissions reduction, the author analyzes therelevant theories from the view of high efficiency and energy saving principle, of energy sustainabledevelopment principles, of the safety development and utilization of energy principle, and of combiningmacro-control and market mechanism principle. The author also sums up the concept of sustainabledevelopment of energy conservation and emissions reduction, and building a resource-conservingenvironment friendly society, priority use of green energy, circular economy and clean production.Western developed countries raised a hot wave of energy legislation earlier, and have formed arelatively complete legal system of energy conservation and emissions reduction. The author made ananalysis and research of legislation on energy saving and emission reduction in western developedcountries, and drew lessons from the beneficial experiences. After making clear the basic theory of energysaving and emission reduction, the author made a comparative analysis of law and relevant policies ofenergy saving and emission reduction in the United States, Japan and Germany, and find the advantagesand merit in energy conservation and emission reduction policies and laws in these developed countries.Based on China’s national conditions, the author made a summary of our country’s energy policy andthe related law. Based on this, the author found out the deficiency existing in China’s energy law related toenergy conservation and emissions reduction, i.e. there are defects in the legal structure of energy; the legalsystem is not complete or sound; legal content in China’s energy legislation is not comprehensive; theenergy law and law are inconsistent; there is a lack of match ability in energy law.Mechanism is the interaction between each element in a system of processes and functions. Throughthe comparative analysis of energy conservation and emissions reduction policy and law at home andabroad, the author aimed to explore a suitable system and mechanisms under China’s national conditions, i.e. to explore the establishment and perfection of the system and mechanisms for energy conservation andemissions reduction. The author also made a detailed and specific analysis of measure from the followingthree aspects: mechanism of interaction between government-corporate-society comprehensive energyconservation and emissions reduction; mechanism of economic incentive and restriction mechanism forenergy conservation and emissions reduction; mechanism of establishing and perfecting the green energydevelopment and utilizationAfter the analysis of system design of constructing the long-term mechanism of energy conservationand emissions reduction, the author focused on analysis of the lack of legal protection of energyconservation and emissions reduction in China; and put forward the corresponding suggestions on how toimprove and perfect the system of energy conservation and emissions reduction in China. The authormainly focused his discussions from the perspective of legislative level, legal system construction level,legal supervision level, law enforcement and law enforcement level.