On The Legal System For Energy-Saving Of Economic Incentive Type

The rise of the modern market economy has contributed to the network and intensiveexchange of resources, and has been exacerbating the total energy consumption in a high levelfor a long time. Faced with the contradiction of rapid development and the bottleneck ofresource(energy),western developed countries have undertook effective exploration, trying tobalance steady economic development and resource(energy). They focus on new energydevelopment and intensive use of energy, and broaden sources and reduce expenditure,anduse system guidance of industrial and fiscal policies. Practice has proved that theenergy-saving society has formed in western developed countries because they have adopted apackage of measures in the field of energy saving, from the energy-saving technology toenergy-saving policies consisting of a unified whole. In the same time their practice providedan useful precedent example for China’s economic and social transformation. Theconstruction of China’s environment-friendly and resource-saving society, starting the pointof energy saving, will cover a wide range of conservation of energy problem. Solving suchproblems is also a systematic project, it does not only rely on a strong push of technologicalinnovation and progress, but on the government’s attention and promotion, especially on thewhole society’s active participation from corporations and individuals.Currently, we should not stay the level of encouraging, supporting and guiding in the useand sales of energy-saving products in the consumer area and as well as in the comprehensivepromotion of energy saving life-style of the organs, enterprises and families, but must set upthe system platform of all aspects of life and production through institutional innovation andgenerate the energy-saving-oriented society by a burst of energy to inspire the whole societythrough the system innovation. In modern society,we look forward to curing the results ofsystem innovation in the legal form to be social behavior guides,and to provide predictableinterest evaluation mechanism for natural persons and legal persons. We should take theireconomic behavior into the expected orbit made by policy and law makers in order to complywith the goal of macro-control and social development.It is worthy of further investigation that the system is always produced in the practice ofsocial life and formed under competitions of various interests, and makes variation with thespatial and temporal changes. When the energy-saving social consciousness achieves a socialreality through institutional innovation, it carries the task to solve many problems of the distribution of benefits. Inevitably it needs to resort to legal logic to make the system to beabstract. Through the concept of fairness and justice contained in the law itself,we shouldcomplete the system re-arrangement and re-adjustment to turn into energy-saving social issuesinto the legal issues and change the individual problems influencing enterprise into problemsaffecting the whole society.In the Context of market-economy, economic means is the core levers of social life anddetermines the mode of operation and the logic of social organism. On the energyconsumption problem, whether corporate producer or consumer, in the initial stage, upholdminimum cost principle when choosing their own economic behavior. At this time,energy-saving does not appear within the considerations of socioeconomic bodies. The marketis regarded as the benchmark for the whole social energy consumption. However, when theenergy issue has become increasingly prominent and the government begins to step in andintervene the energy market on the basis of the public interests, energy consumption marketbenchmark will weaken and gradually give way to social norm. At this time, energy-savingwill be considered by all socioeconomic bodies to be a question of reality. But this process isdifficult and long-term, during which is accompanied by the increase in costs or benefit loss.Therefore, the focal point of the government’s system innovation is to bridge the rift, trying tosolve social problems with economic means, namely, energy conservation is promoted underthe social purposes based on public interests and economic compensation will be given tothose whose benefits are defected., which further needs government, through systemarrangement in legal form, to balance social value and economic value and make the interestsof all parties to achieve equalization.Therefore, as the important symbol of energy consumption market era to the era ofsocialization transition, the value of energy-saving should not be underestimated in energystructure and arrangements. By the choice of path to realize the social purpose througheconomic means, we have found the best angle to view energy laws in the change times. Thisresearch is based on the above considerations.The concept is the starting point of logic, the logic is the basis of the theory. The firstchapter of this article will discuss the theoretical problems of the legal system.of economicincentives for energy-efficient. but based on the social purpose of energy conservation,through the legal form of fixed and clear economy incentive mechanism, and by the means ofeconomic incentives, Economic incentive type energy-saving legal system(EITELS) is a system of the package laws, regulations, policies, which guide the social economy todevelop in the direction of energy-saving, and limit non-energy-efficient development,andestimate, audit, supervise the quantity of energy-saving. The Establishment of EITELS, basedon the strategy of security of national energy resources, which is the major needs ofstimulating population, resource and environment and coordinated economic and socialdevelopment, and the inevitable requirement of energy intensive utilization, the importantsafeguard for absorbing the social subjects are widely involved in saving energy. Behind thepotential theoretical basis is the respect for the table ’s right from the environment right, andecological balance, energy security and sustainable development of human society.From the second chapter, the article will specifically introduce all aspects of thefoundation of EITELS. In the second chapter, taxation aspects of EITELS will be discussed.The external problem of economic behavior leads to the lack of self-discipline on energyconservation issues, therefore, the appropriate intervention of governments is particularlynecessary. The formulation of industrial policy is a common means of governmentintervention in the market economy. The government take full account of embeddedenergy-saving factors in the process of surveying, researching and developing regionalindustrial policy.,and regarding energy-saving index as the baton of the industrial layout andindustrial development, including in industrial policy, establishing incentive mechanism,controlling the total energy consumption and strengthening the responsibility of the energyefficiency goals.making energy-saving into the production, supply, processing, circulation,consuming procedures. We,by legal regulation,should prompt local governments to activelyshut down the high energy consumption and polluting enterprises and introduce appropriatefinancial, tax incentives on energy-saving society economies, and plan and development ofgreen, low carbon, circular economy, and promote social and economic body to take theinitiative to eliminate backward technology and production equipment, the implementation oftechnological innovation, the introduction and use of new technology and new equipment forlow power, and encourage public awareness and recognition approved energy-saving products,and develop energy-saving and spending habits and successfully complete energy conversionin the process of economic restructuring. Among them, to achieve the goal of legalpathways,we should make the system of law more operational and interpretation based on theprinciples of the harmless, resource,minimization. We must promote public participation inthe legal form, the announcement,discuss,modifications and implementation of industrial projects, from the approval, start and to the release, we should get public information, publicopinion, public hearing process and a public demonstration content to make the peopleparticipate in interactive.The third chapter of the article will deeply discuss the aspects of subsidies of EITELS,Which will focus on energy efficient cars, energy-saving appliances subsidy system,and pointout the country hopes to energy-saving products for large subsidies, prompt enterprises tochange the production direction, while promoting individuals to change their spending habitsand receive energy-saving benefits from the production and consumption. However, thereality of chaos, we can see that the country’s substantial investment do not solve the problemof industrial structural adjustment or promote energy-saving products, but the enterprise willmake profits. In this regard, I propose the legal means to update and improve the subsidydisbursement of funds, the use of the audit of the regulatory process, the prices of subsidizedgoods to monitor the entire process, and gravely punish the illegal taking of subsidies.The fourth chapter and the fifth chapter will focus on the domestic Energy PerformanceContracting (EPC system) and the trading system of energy-saving index emerging newly athome. The two systems should run normally. Firstly,it depends on the formation of anationwide energy-saving service market in order to o promote the formation of the nationalenergy trading platform and breed, hatch and cultivate of a number of energy-savingservices enterprises. Secondly, we should promote the deeply cooperation between energymanagement corporations(EMCos) and energy consuming enterprises(ECEs),and lead to thetarget of energy-saving to be set by EMCos and ECEs. The design,construction, management,supervision of energy-saving projects are given to EMCos. ECEs will pay the costs andprofits to them depending on the effectiveness of the projects. Thirdly, I will further analyzethe current domestic laws and policies of the EPC system, including the signing of the EPCcontract, the measurement of energy savings, the monitoring of energy savings, thecalculation of energy savings, the financing of equipment and other issues. Finally, based onthe analysis of EPC system, I try to bring forward some useful suggestions to improve theEPC system. Environmental standards should be developed and improved, energy-savingquantity should be determined by third parties.. Procedures should be simplified. Thefinancing channels should be broadened. In addition, the author also analyzes the cutting-edgeissues of carbon emissions and financing transactions of EPC projects and discusses theemission index. Finally I point out that the substance of these two systems,whose purposes can be achieved through market-oriented way.In reality,they also has very strong pertinenceand maneuverability.In the sixth chapter, I will explore the economic incentives to improve the legal systemof energy conservation. Firstly, we should actively strengthen international cooperation in theenergy-saving "soft skills", introduce and learn from foreign advanced energy managementsystem and legal policy, which focuses on the international cooperations with Japan, theUnited States and so on. Secondly, we should continue to produce a favorable tax policy andimplement the tax system for energy-saving and companies. Thirdly, we must carry out fundsystem of energy-saving projects, solve the financing problem and assist in the successfulcompletion of a large number of energy-saving projects.In short, through the study of EITELS, I have answered the question in the field ofdomestic energy–saving and emission reduction,and analyzed its origin, cause and solution.In the context of the reality environment,we should understand, interpret and respond suchlegal issues of energy-saving system based on the marketization and socialization.